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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Satish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. In question is the selection process undertaken by the respondents for recruitment to a post of Salesman in respondent No.4-Society.
2.....
(i) Respondent No.4 is a Society registered under the H.P. Cooperative Societies Act, 1956. The Society decided to fill-up a post of Salesman at Sub Depot Chhuman. Accordingly, respondent No.4-Society issued a notice vide Annexure P-2 inviting applications from eligible candidates. The last date of submission of application forms mentioned in the notice was 10.03.2021.
(ii) Petitioner No.1 & 2 along with respondents No.5, 6 & 7, applied for the post in question. Interviews were conducted by Committee headed by the Inspector, Cooperative Societies, Jhanduta, District Bilaspur. Petitioner No.1 and respondents No.5-7 appeared in the interview.Respondent No.5 was declared successful.Feeling aggrieved against the selection process as a whole, petitioners (Sh. Satish Kumar and Smt. Poonam Devi) have instituted this writ petition on 28.01.2022. Pursuant to an interim order passed in this petition on 31.01.2022, the respondents have kept the post of Salesman in question vacant.
3. Heard learned counsel for the petitioner
The failure to notify all candidates for interviews in a recruitment process constitutes a violation of natural justice, warranting the quashing of the selection process.
The main legal point established in the judgment is that the petition filed under Article 226 of the Constitution was not maintainable as the respondent authority was not amenable under the writ juri....
The court affirmed that non-disclosure of minimum qualifying marks in a selection notification does not invalidate the process if it is fair and transparent, emphasizing the limited grounds for judic....
Disputes which may be referred to Registrar for decision - There cannot be any hard-and-fast rule of universal application for allocating the marks for viva voce vis-a-vis marks for written examinati....
Recruitment processes must adhere to consistent criteria as set in advertisements, and allegations of irregularities must be substantiated with evidence.
Point of Law : Selecting body does not have its right to alter the procedure for selection than what is prescribed under the relevant Service Rules, 2014 and Recruitment Rules, 2017.
The court established that recruitment processes must adhere strictly to applicable rules and directives, emphasizing the importance of lawful procedures in public employment.
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