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/Recruitment and Promotion Rules.

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

“In view of the submission made hereinabove, it is most humbly prayed that present petition may kindly be allowed and impugned memorandum order dated 4.02.2019 and letter dated 05.02.2019 may kindly be set-aside and quashed. Further, respondent may kindly be directed to restore the selection process and appoint the petitioners against their respective post to which their names are sponsored vide letter dated 7.12.2019.”

Prayer in CWP No. 6877 of 2021 and CWP No. 6804 of 2021

“In view of the submission made herein above it is most humbly prayed that present petition may kindly be allowed and impugned office order 11.09.2019, memorandum order dated 4.02.2019 and letter dated 05.02.2019 may kindly be set-aside and quashed. Further, respondent may kindly be directed to restore the selection process and appoint the petitioners against their respective post to which their names are sponsored vide letter dated 7.12.2019.”

3. For clarity, facts, averments and documents mentioned in CWP No. 2962 of 2019, are being discussed herein below.

4. Facts, shorn of unnecessary details but relevant for the adjudication of the cases at hand are that pursuant to the approval received from Government of Himachal Pradesh vide letter dated 3.5.2018 (Annexure P-1) to fill up various posts under Student Welfare Fund/IMC in Government Industrial Training Centres, Director, Technical Education, Vocational and Industrial Training, constituted zone wise Selection Committees vide office letter dated 30.8.2018 (Annexure P-2), with a direction to all the Chairmen of the Selection Committees i.e. Principals, Industrial Training Institutes at Sundernagar, Shahpur, Shimla and Udaipur to complete the entire process of selection strictly as per NCVT norms. In terms of aforesaid direction, Selection Committees conducted the selection process in their respective zones. Selection Committees recommended the names of selected candidates and vide communication dated 7.12.2018, Annexure P-5, Director of Technical Education, Vocational and Industrial Training sent communications to the Principal(s) of the concerned Industrial Training Centre to intimate selected candidates to report to their office alongwith certificates of educational qualifications in original and requisite experience certificates duly signed by the competent Authority within fifteen days or else it would be assumed that the candidate is not interested to join. It was further stipulated that the certificates/ all relevant documents are to be verified by the Principal concerned in respect of sponsored candidates before issuing engagement order and Principal shall be solely responsible for the same.

5. After recommendations made by the Selection Committees, some of the candidates, who had participated in the selection process, lodged complaint (Annexure P-6) to the Hon’ble Prime Minister of India, Hon’ble Chief Minister and Hon’ble Chief Justice of Himachal Pradesh alleging therein irregularities in the selection process. Complainants alleged that no proper procedure was followed, while conducting examination and members of the Selection Committ