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G. JAYACHANDRAN, C. KUMARAPPAN
Sathishkumar – Appellant
Versus
Commissioner of Milk Production and Dairy Development Department, Chennai – Respondent
JUDGMENT :
Prayer: Writ Appeal filed under Clause 15 of the Letters of Patent, against the order dated 01.02.2024, made in W.P. (MD) No. 10419 of 2023.
1. These batch of Writ Appeals are the sequitur of the writ petitions filed by various employees challenging the order of removal passed by the Commissioner of Milk Production and Dairy Development Department and the consequential orders passed by the General Manager, Madurai District Cooperative Milk Producers Union, Madurai.
2. The background of the case in brief is that, the Maudrai, Virudhunagar and Trichy District Co-operative Milk Producers Unions, issued a notification for recruitment of staff in various posts. Pursuant to the said notification, several candidates applied to the respective Unions and thereafter, on conducting written examination and interview, appointment orders were issued. On receiving complaints about the irregularity in the appointment, the Vigilance Cell of the Aavin Milk Producers Federation conducted an enquiry and found that the appointments made pursuant to the advertisement for filling up of various posts bristles with rampant irregularity and nepotism and therefore, proper enquiry is required to be co
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
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/Recruitmen....
Selection/Appointment - Cancellation of - Respondents to conduct a denovo enquiry into the selection process, having recourse to due process of law.
Provisional appointment cancellations must follow due disciplinary processes; removal without inquiry violates natural justice principles.
The court affirmed that mere selection does not confer a vested right to appointment, especially when the recruitment process is marred by gross irregularities.
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