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IN THE HIGH COURT OF ORISSA
Sashikanta Mishra, J.
Manas Ranjan Tripathy - Appellant
Versus
Niser & Ors. - Respondents
W.P.(C). No. 8245 of 2012
Decided On : 09-05-2024
MANDAMUS - RECRUITMENT PROCESS - N/A - The court addressed the cancellation of a recruitment process and the subsequent redesignation of a post. It emphasized the principle of legitimate expectation, asserting that the petitioner, having been assured consideration for the post, should be granted age relaxation and considered for the position of Assistant (Hindi) as per the original advertisement. The court highlighted the importance of adhering to assurances made by authorities in recruitment matters.
Fact of the Case:
The petitioner applied for the post of Junior Hindi Translator at NISER, which was later cancelled. He was assured consideration for future vacancies but was not considered for the redesignated post of Assistant (Hindi) due to age restrictions. The petitioner contended that he should be considered based on prior assurances and his qualifications.
Finding of the Court:
The court found that the petitioner had a legitimate expectation to be considered for the post of Assistant (Hindi) as per the assurances given by NISER. It ruled that the cancellation of the interview was arbitrary and that the redesignation of the post did not negate the prior commitments made to the petitioner.
Issues: Whether the petitioner had a right to be considered for the post of Assistant (Hindi) despite the age limit and the cancellation of the previous recruitment process.
Ratio Decidendi: The court established that legitimate expectation arises from assurances made by authorities, and that such expectations must be respected in administrative actions. The principle that a party cannot approbate and reprobate was also emphasized, indicating that NISER could not contradict its earlier statements regarding the redesignation of the post.
Final Decision: The writ application was allowed in part, directing NISER to consider the petitioner for the post of Assistant (Hindi) with age relaxation, to be completed within two months.
JUDGMENT
Sashikanta Mishra, J.
The petitioner has filed this writ application with the following prayer:
' Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the advertisement issued by the opposite parties vide Annexure-6 to the writ application so far as it relates to the post of Assistant (Hindi) and to consider the case of the petitioner for appointment to the post of Junior Hindi Translator as per the advertisement vide Annexure-1 to the writ application since the petitioner is having the requisite essential and desirable qualification, so also the experience as required under the said advertisement.
And for this act of kindness, as in duty bound, the petitioner shall ever pray. '
2. The facts of the case briefly stated is as follows;
(i) National Institute of Science Education and Research (NISER) (Opposite Party No.l) is an institution set up by the department of Atomic Energy Government of India, providing undergraduate and Post Graduate Education in science combined with frontline research.
(ii) An advertisement was issued by NISER on 22.03.20ll inviting applications for appointment to different posts including the post of Junior Hindi Translator in the pay scale of P.B.-2, 9,300-34,800 with grade pay of Rs. 4,200 and initial basic of Rs. 13,500/-. Said post was reserved for general category candidates. The upper age limit was prescribed as 32 years as on 30.04.2011.
(iii) The petitioner, claiming to possess the requisite qualification, submitted his application pursuant to the advertisement. By letter dated 10.09.2011, of the Opposite Party No.1, he was asked to appear in the written test/interview to be held on 10.09.2011. When he presented himself on the date fixed, he was informed that the interview was cancelled on the ground that out of five candidates called, only the petitioner had reported.
(iv) The petitioner submitted an application on 18.09.2011 to the Opposite Party No.1 to intimate the further progress. On the same day, he received a communication by e-mail stating that the recruitment for the post of general category has been cancelled and that the institute will advertise the post again in the near future and that the candidature of the petitioner would be considered.
(v) While the matter stood thus, an advertisement was issued by NISER on 31.03.2012 inviting applications for appointment for non-academic positions including a post of Assistant (Hindi) belonging to the General category (P.B.-l) with scale of pay Rs. 9,300- 34,800/- grade pay of Rs. 4,200/- and initial basic pay of Rs.13,500/-. However, the upper age limit was fixed at 28 years as on 31. 03. 2012.
(vi) According to the petitioner the post of Junior Hindi Translator had been redesignated as Assistant (Hindi) but despite the assurance given to him earlier, he was not considered for which he has approached this Court in the present writ application.
3. Counter Affidavit has been filed on behalf of NISER admitting most of the relevant facts including the fact that the written test/interview was cancelled due to nonavailability of sufficient number of candidates. It is also admitted that the APO(Admin) of NISER had intimated the petitioner that whenever the institute would advertise the vacancy again in near future, his candidature would be considered. It is further stated that the post against which the petitioner had applied had been redesignated as Assistant (Hindi) as there is no post designated as Junior Hindi Translator, as per the provisions of the Rules of the Institute. Further, the age limit had also been fixed by following the normal practice of other Government of India organizations. As regards consideration of the candidature of the petitioner, it is specifically stated that since he fulfils all the eligibility conditions except age for the readvertised post that is, Assis
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Selected candidates do not have an indefeasible right to appointment; the state may issue new advertisements and change qualifications without legal obligation to fill prior vacancies.
An application for a government position is invalid if not submitted through the proper channel, and age relaxation cannot apply if the application is defective.
Selection processes must adhere to previously established criteria, and unilateral changes are impermissible once the process has commenced.
The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.
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