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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
S. Mahalakshmi – Appellant
Versus
Tamil Nadu Public Service Commission – Respondent
| Table of Content |
|---|
| 1. factual background of petitioners' selection. (Para 2) |
| 2. arguments regarding improper termination. (Para 3 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis of procedural legitimacy. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. legal standards for appointment cancellations. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. judgment on reinstatement and procedural adherence. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 6. final directive to reinstate and follow due process. (Para 48) |
ORDER :
1. The present batch of writ petitions have been filed by the respective petitioners whose selection and the consequential appointment have been set at naught by cancelling the provisional selection and allotment made by the Commission/Tamil Nadu Public Service Commission (for short ‘the Commission’) citing malpractice alleged to have been committed by the petitioners in securing their appointment and also the impugned order removing the petitioners from service is put in issue before this Court.
2. Shorn of unnecessary details, the brief facts necessary for considering the present issue could be summarised thus :-
Provisional appointment cancellations must follow due disciplinary processes; removal without inquiry violates natural justice principles.
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
Cancellation of selection and reversion invalid if due to departmental evaluation errors without candidate fault, prior hearing, or inquiry; natural justice violated; innocents protected by equity, l....
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 ....
Termination of employment justified due to widespread allegations of corruption and procedural irregularities in the selection process despite claims of satisfactory service.
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
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