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SANDEEP SHARMA
Dinesh Kumar S/o. Parshotam Dass Atri – Appellant
Versus
State Of H. P. Through Principal Secretary Technical Education, Govt. Of H. P. – Respondent
ORDER :
1. Since, the issues raised in all these petitions and reliefs claimed therein are same and same were heard together, and are being disposed of vide this common order.
2. Being aggrieved and dissatisfied with the issuance of Office Memorandum dated 4.2.2019, issued under the signatures of Deputy Secretary (TE) to the Government of Himachal Pradesh and order dated 5.2.2019 issued by Department of Technical Education, Vocational and Industrial Training, Sundernagar, whereby entire process of recruitment /selection to the post of instructors/trainers for different trades in ITI under Student Welfare Fund in Sept 2018 came to be cancelled, petitioners herein have approached this court in the instant proceedings filed under Art. 226 of the Constitution of India, praying therein for following main relief(s).
Prayers in CWP No. 2962 of 2019 and CWP No. 6804 of 2021
Point of Law : It is well settled that a candidate after having been declared unsuccessful, can lay challenge to selection process, if the same is conducted in violation of statutory rules/Recruitmen....
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
Cancellation of completed selection process and panel for minor, curable irregularities is arbitrary and disproportionate; unsuccessful candidates estopped from post-result challenges; promotion righ....
Cancellation of selection and reversion invalid if due to departmental evaluation errors without candidate fault, prior hearing, or inquiry; natural justice violated; innocents protected by equity, l....
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
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