S. M. SUBRAMANIAM, M. JOTHIRAMAN
M. Arul Keerthy – Appellant
Versus
Union Territory Of Pondicherry – Respondent
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer in W.P.No.13108 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, Calling for the records of the 24th Respondent relating to its Common order dated 01.10.2019 in OA Nos. 1491/11, 1536/11, 267/12, 368/12, 89/13 and OA 413/2013, quash the same to the limited extent of directions contained in para 20(1) thereof and consequential orders issued by the Third Respondent and to issue consequential directions to the 24th Respondent to clarify its directions in para 20(1) as applicable to the applicants in the relevant O. As alone and the merit list should be prepared and published based on cut off marks fixed in the original select list of 2010-11, paving way of the appointment of the petitioner in any of the existing vacancies with seniority from the date on which the initial appointment was given to respondents 4 to 23 without any backwages.
Prayer in 12729 of 2020: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in M.A. 55/2020 in O.A
Rishal and Others Vs. Rajasthan Public Service Commission and Others
The recruitment process must ensure equal treatment of all candidates, upholding constitutional principles of fairness and non-discrimination.
Uniformity in recruitment processes is mandated; all candidates must be treated equally in rectifications to avoid discrimination, as per principles of administrative law.
The absence of a legal provision for revaluation of answer sheets in recruitment processes limits the court's ability to intervene in evaluation disputes.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
Innocent appointees should not suffer due to errors in the recruitment process, and their termination after successful appointments, without any fault on their part, would cause undue hardship and ru....
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
Recruitment processes must adhere to consistent criteria as set in advertisements, and allegations of irregularities must be substantiated with evidence.
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