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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Shamim Ahmed
D.Sathishkumar – Appellant
Versus
Principal Secretary to Government, Animal Husbandry, Dairying and Fisheries Department – Respondent
| Table of Content |
|---|
| 1. challenge to employment notification and selection process (Para 1) |
| 2. arguments regarding cancellation of notification (Para 2) |
| 3. court's finding on the cancellation of selection process (Para 3) |
| 4. conclusion and dismissal of writ petition (Para 4) |
ORDER :
Shamim Ahmed, J.
This Writ Petition has been filed under Article 226 of the Constitution of India, seeking the issuance of a Writ of Certiorarified Mandamus, challenging the Employment Notification Advertisement No. 1 of 2020 dated 05.06.2020 (Ref. No. 3010/Pers-1/2020), on the file of the 2nd Respondent, insofar as it relates to the post of Manager (MIS) only, and all consequential actions that followed. The Petitioner seeks to quash the selection process concerning the post of Manager (MIS) and directs the 2nd Respondent to consider the Petitioner's Representation dated 22.01.2021 for re-examination, strictly in conformity with the prescribed procedure, in a transparent and fair manner.
2. When the matter was taken up for hearing, Mr.D.Sadiq Raja, learned Additional Government Pleader for the 1st Respondent and Mr.J.Devanesan, learned counsel for the 2nd Respondent, submitted that, as stated in paragraph 3 of the
Writ petitions cannot be granted for selection processes that have been cancelled, rendering the petitions infructuous.
A writ petition cannot succeed if the employment notification has been canceled and the selection process has been entrusted to another authority, reflecting the need for compliance with procedural n....
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
Mandamus for interview consideration unavailable after recruitment process and appointment concluded.
The cancellation of a selection process must be bona fide and for appropriate reasons, and the State is bound to respect the comparative merit of the candidates.
Candidates do not acquire rights to appointment until they are actually appointed, and the recruitment process can be canceled at the employer's discretion.
The court emphasized the necessity for transparency and compliance with legal procedures in recruitment processes.
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