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S. N. PATHAK
Rajan Kumar Singh – Appellant
Versus
Rajendra Institute of Medical Sciences, Ranchi through its Director – Respondent
JUDGMENT :
Heard the parties.
2. Petitioners have approached this Court with a common prayer for quashing the memo No. 1592 dated 06.04.2021, whereby after completion of the selection process in pursuance of the Advt. No. 955 (c) dated 08.03.2019, same has been cancelled by the respondent-RIMS and further direction has been issued to take steps for publication of fresh Advertisement.
Petitioners have further prayed for a direction upon the respondents to issue appointment letters in favour of the petitioners in terms of final select list dated 20.10.2020.
3. As per the factual matrix, in the year 2019 i.e. on 08.03.2019, an advertisement bearing Advt. No. 955 (a) and 955 (b) was published for appointment to Grade-III Technical and Non-Technical Posts and further, Advt. No. 955 (c) was published for appointment to Grade-IV post. The present petitioners, having the requisite qualification, had applied for Grade-IV post pursuant to Advt. No. 955 (c). The respondent-RIMS, after verifying the documents and testimonials submitted by the petitioners along with others, have published the select list vide memo No. 4047 dated 20.10.2020, in which the names of the present petitioners also find pl
The main legal point established in the judgment is that the cancellation of a recruitment process must be justified by concrete and relevant material, and the authority must follow reservation and r....
The main legal point established in the judgment is that the cancellation of the entire selection process should only be considered if there is no chance of segregating genuine candidates from those ....
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
Point of Law : It is open for the authority concerned not to fill up vacancies but such decision should not be arbitrary or unreasonable.
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.
Mere selection in recruitment does not confer indefeasible right to appointment if process tainted by procedural irregularities confirmed by inquiry; authority may bona fide withhold without hearing ....
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