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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Rajendra Institute of Medical Science (RIMS) – Appellant
Versus
Ranjan Kumar Singh – Respondent
L.P.A. No. 565 of 2022
Decided on : 11-08-2023
Cancellation of Selection Process - Advertisement No. 955(c) - Summary of Acts and Sections: The court discussed the cancellation of the entire selection process initiated in terms of Advertisement No. 955(c) for appointment to Grade-IV posts. The court analyzed the irregularities committed by the authorities, the non-consideration of the candidature belonging to the 'EWS’ category, and the segregation of genuine candidates from those involved in malpractice. The court referred to various legal provisions and interpretations to determine whether the cancellation of the selection process was justified.
Fact of the Case:
The appellants-RIMS cancelled the entire selection process initiated in terms of Advertisement No. 955(c) for appointment to Grade-IV posts, citing irregularities and non-consideration of EWS category candidates. The writ petitioners challenged this cancellation, and the learned Single Judge quashed the impugned decision.
Finding of the Court:
The court found that the cancellation of the entire selection process was not justified, as there was a chance to segregate genuine candidates from those involved in malpractice. The court emphasized the importance of fairness and transparency in public employment and directed the appellants-RIMS to scrutinize applications afresh, weed out forged experience certificates, and consider the candidature of EWS/reserved category candidates. The court also directed the authorities to take legal action against those involved in the faulty selection process.
Issues: The core issues included whether the cancellation of the selection process was proper given the irregularities committed by the authorities and the non-consideration of EWS category candidates, and whether the genuine candidates should suffer due to the faults of others.
Ratio Decidendi: The court held that the cancellation of the entire selection process was not justified, as there was a chance to segregate genuine candidates from those involved in malpractice. The court emphasized the need to maintain fairness and transparency in public employment and directed the appellants-RIMS to take corrective actions without cancelling the entire selection process.
Final Decision: The court directed the appellants-RIMS to scrutinize applications afresh, weed out forged experience certificates, consider the candidature of EWS/reserved category candidates, and complete the recruitment process within three months. The court also directed the authorities to take legal action against those involved in the faulty selection process. The appeal was disposed of with the modifications and directions provided by the court.
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal, under clause 10 of the Letters Patent, is directed against judgment/order dated 09.06.2022 passed by learned Single Judge in W.P. (S) No. 3267 of 2021, by which the writ petition has been allowed quashing and setting aside the order as contained in Memo No. 1592 dated 06.04.2021 whereby and whereunder entire selection process initiated in terms of Advertisement No. 955(c) has been cancelled with a direction upon the appellants-authorities to consider the cases of the petitioners for their appointment on Grade-IV posts in view of terms and conditions of appointment as mentioned in the advertisement, if there is no other legal impediments and issue offer of appointment in favour of petitioners.
2. Brief facts of the case, as per the pleading made in the writ petition, read as under:
3. In the year 2019, advertisements being Advertisement Nos. 955 (a) and 955 (b) both dated 08.03.2019 were published for appointment for the post of Grade-III Technical and Non-Technical posts; and Advisement No. 955 (c) was published for appointment to Grade-IV posts. The writ petitioners applied for Grade-IV post pursuant to Advertisement No. 955 (c). The appellants-RIMS, after scrutinizing the documents and testimonials submitted by the petitioners and other candidates, published the select list vide Memo No. 4047 dated 20.10.2020, in which, the names of the petitioners also find place.
4. It is the case of the petitioners that in spite of publication of their name in the final select list no offer of appointment was given to them, as such they submitted representation dated 05.01.2021 before the appellants-authorities but no heed was paid. It is further case of the petitioners that while they were waiting for their appointment letters, in the month of June, 2021, they came to know that an order has been issued under the Signature of Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, vide Memo No. 1592 dated 06.04.2021, by which the appellants-authorities have cancelled the recruitment process pursuant to Advertisement No. 955 (c) dated 08.03.2019 for appointment to Grade-IV post, taking into account letter dated 05.02.2021 issued by the Department of Personnel, Govt. of Jharkhand in terms of order passed by this Court in W.P.(C). No. 1387 of 2017 (Soni Kumari & Ors. Vs. State of Jharkhand & Ors.); and further direction has been issued for publication of fresh Advertisement.
5. Aggrieved thereof, the petitioners approached this Court by invoking writ jurisdiction of this Court conferred under Article 226 of the Constitution of India, by filing writ petition being W.P. (S) No. 3267 of 2021, which was allowed vide order dated 09.06.2022, setting aside order as contained in Memo No. 1592 dated 06.04.2021 whereby and whereunder the entire selection process initiated in terms of Advertisement No. 955(c) has been cancelled, against which the instant intra-court appeal has been filed.
6. It appears from the factual aspects, as referred hereinabove, that the appellants-Rajendra Institute of Medical Sciences (in short ‘RIMS’) came out with advertisement notified on 08.03.2019 being Advertisement Nos. 955 (a) and 955 (b) for appointment to the post of Technical and Non-Technical Grade-III; and Advisement No. 955 (c) for appointment to Grade-IV posts. The writ petitioners applied for Grade-IV post. Their candidature was accepted and accordingly they were allowed to participate in the process of selection along with other eligible candidates. The list of successful candidate was published vide Memo No. 4047 dated 20.10.2020, in which, the names of the petitioners also find mention. But, grievance of the writ petitioners is that in spite of final selection list having been published, no appointment letters were issued. However, the writ petitioners came to know that the respondent-Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand
AI
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 ....
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....
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
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.
Point of Law : It is open for the authority concerned not to fill up vacancies but such decision should not be arbitrary or unreasonable.
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