Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.

JUDGMENT

Anoop Kumar Dhand, J. - This order will govern the disposal of D.B. Special Appeal (Writ) Nos.1130/2022, 1131/2022 and 1132/2022 since it is jointly submitted by the parties that these special appeals involve common issue in the identical fact situation. The issue involved in these appeals is 'whether the candidates who have applied does have any legal right to insist the authority that the recruitment process set in motion be carried out to its logical end'?

2. Vide impugned judgment dated 27.08.2022, the learned Single Judge dismissed the writ petitions submitted by the appellants by granting liberty to the respondents to make regular appointment / selection in accordance with law and till regularly selected candidates are made available, the services of the appellants shall not be discontinued.

3. The facts of the case are that the appellant/writ petitioners (hereinafter referred as 'the petitioners') participated in the process for selection initiated by the Rajasthan University of Health Sciences (for short 'RUHS') by issuing advertisement dated 10.12.2015 for holding selections for the posts of Professor, Associate Professor, Assistant Professor, Senior Demonstrator (Clinical) and Senior Demonstrator/Tutor (Non-clinical) for various branches/faculties. The online examination was conducted on 25.02.2016 and the result was declared in the next month. The interviews were supposed to be conducted with effect from 01.05.2017 to 10.05.2017, but the same were postponed and the process was not completed, and finally the recruitment process was cancelled by the respondents vide impugned order dated 06.02.2021.

4. Feeling aggrieved by the impugned order dated 06.02.2021, the petitioners submitted three different writ petitions and the same were dismissed by the learned Single Judge by the common impugned judgment dated 27.08.2022.

5. Learned counsels for the petitioners submits that the learned Single Judge has dismissed the writ petitions on the basis of decision dated 06.02.2021 taken by the Board of Management (for short 'BOM') and the BOM has committed an error in taking the decision for cancelling the recruitment process initiated in the year 2015. The counsels submit that the BOM has taken the impugned decision on the basis of opinion given by the Advocate General (for short 'AG'). Counsels submit that the opinion of the AG was not binding upon the BOM. Counsels submit that respondent no.6 was Registrar in RUHS and he acted malafidely and due to his malice, the entire selection process was cancelled. Counsels submit that no reply or affidavit was submitted by the respondent no.6. Hence the allegation of mala fide remained uncontroverted.

6. Counsels submit that reservation provision providing reservation to the members of Economically Weaker Section (for short 'EWS') came into force in 2019 and the same cannot be applied with retrospective effect by scrapping the advertisement issued on 10.12.2015. Counsels submit that the vested rights of petitioners cannot be allowed to be snatched by application of EWS reservation with retrospective effect. In support of their contentions, reliance has been placed on the following judgments :-

(i) P. Mahendran & Ors v. State of Karnataka & Ors AIR 1990 SC 405

(ii) Secretary, A.P. Public Service Commission v. B. Swapna & Ors (2005) 4 SCC 154

(iii) K. Manjusree v. State of A.P. & Ors AIR 2008 SC 1470

(iv) Tej Prakash Pathak & Ors v. Rajasthan High Court & Ors [Civil Appeal No. 2634/2013 decided by Hon'ble Apex Court on 20.03.2013]

v) R.S. Mittal v. Union of India 1995 Supp (2) SCC 230

(vi) The State of Rajasthan v. Indu Bala Kumawat & Ors [D.B. Special Appeal (Writ) No.1046/2018 decided on 01.06.2019]

(vii) Anil Kumar Sharma v. Rajasthan High Court & Anr [D.B. Civil Writ Petition No.6646/2021 decided on 19.07.2021]

(viii) University of Kerala & Ors v. Merlin J.N. & Ors [Civil Appeal Nos.5309/2022 decided by Hon'ble Apex Court on 17.08.2022]

(ix) Mohd. Sohrab Khan v. Aligarh Muslim University & Or