2017 Supreme(Jhk) 252
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Dhananjay Singh son of Sri Satyendra Narayan Singh - Petitioner
Versus
The State of Jharkhand through the Chief Secretary & Ors. - Respondents
W.P.(S) No. 5332 of 2014
Decided On : 11-04-2017
Advocate Appeared:
For the Petitioner: M/s Anil Kumar Sinha, Rahul Kumar
For the State : Mrs. Shweta Singh
For the Respondent: M/s M. Sohail Anwar, Mr. Afaque Ahmad, Altaf Hussain
Headnote:Service Law—Appointment—Mere recommendation for appointment does not confer any right to be appointed against a particular post—Eligibility criteria were changed without approval of competent authority and advertisement was issued—Pursuant to such advertisement, petitioner was recommended for said post—Later on, when these irregularities were detected, selection process was cancelled and it was decided to start a fresh process of selection for said post—No fault in action of respondent authorities in initiating a fresh process of appointment after scraping earlier process—Petitioner was only recommended for the post—Writ petition dismissed.
1. The petitioner, by way of filing this writ petition, prays for direction upon the respondent authorities to offer appointment to the petitioner on the post of Deputy Administrator, Sports Authority of Jharkhand (hereinafter to be referred as ‘SAJHA’), since his name has been recommended for appointment for the said post, which was advertised vide Advertisement dated 11.12.2013. By way of amendment petition, the petitioner has also prayed for insertion of a new prayer for cancellation of the decision of the respondent authorities by which, they have decided to start a fresh selection process by cancelling the earlier process of appointment, by which, the name of the petitioner was recommended. The decision of re-advertisement is also under challenge.
2. The petitioner claims to be an Athlete having educational qualification of B.P.Ed. (Bachelor in Physical Education), M.P.Ed. (Master in Physical Education) and is pursuing Ph.D. It is submitted that one sanctioned and vacant post of Deputy Administrator, SAJHA, was decided to be filled up by the respondent authorities and accordingly the post was advertised vide Advertisement dated 11.12.2013. Pursuant to the said Advertisement, the petitioner alongwith others applied and only two candidates i.e. the petitioner and one Archana Kumari were found eligible for appointment. The petitioner further claims that said Archana Kumari has political nexus and tried to influence the person concerned so that she gets appointment. The petitioner also submits that he and Archana Kumari were called for interview. The petitioner claims that he obtained 78.25 marks, whereas, Archana Kumari obtained only 57 marks and therefore, the Selection Committee recommended the name of the petitioner for appointment for the said post. The petitioner further submits that inspite of such recommendation, he has not been appointed. He alleges that he was not being issued the appointment letters at the instance of Archana Kumari.
3. The respondent State appeared and filed their counter affidavits stating therein that the Sports Authority of Jharkhand in its Meeting dated 3.9.2014 unanimously resolved to cancel the process of appointment for the post of Deputy Administrator, SAJHA. The respondent authorities have denied any nexus with said Archana Kumari. It is further submitted that the post of Deputy Administrator, SAJHA, is not a Government post and the appointment on the said post has not been made through Jharkhand Public Service Commission or Staff Selection Commission. Counsel for the respondents further submits that the selection process had not become final and in fact, the same was cancelled as per the decision dated 3.9.2014 taken by the Executive Committee of Sports Authority of Jharkhand.
4. The Sports Authority of Jharkhand also filed a separate counter affidavit in which, they admitted that only two candidates have been found eligible pursuant to the said advertisement. It is further stated that when the matter was placed before the Secretary, Department of Sports, Arts, Culture and Youth Affairs, Govt. of Jharkhand, it was noted that the applications received have been scrutinized. However, there was no order in the file relating to constitution of the Screening Committee. It was further mentioned that the change in the constitution of the Selection Committee has not been approved by the Executive Committee. It was also pointed out that the entire actions have started on the basis of a non-Government letter No. 90 dated 20.9.2013 of Private Secretary to a Minister, whereby, the educational qualification and the eligibility have been fixed directly, which is different from the eligibility criteria, fixed in the meeting of the Executive Committee dated 5.1.2013. Further, it was pointed out that there were other irregularities, which makes the entire process of appointment ab initio irregular. It is stated that because of this irregularity in the eligibility criteria, limited number of candid