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2025 Supreme(Ori) 361

IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy, J.
Chetan Rajora - Petitioner
Versus
Union of India & Ors. - Opp. Parties
W.P.(C) Nos.28465, 28467, 28470 & 28472 of 2025
Decided On : 01-12-2025

Advocates Appeared:
For the Petitioner:Mr. S.K. Dash, Advocate
For the Respondent: Mr. P.K. Parhi, DSGI along with, Mr. S.S. Kashyap, Sr. Panel Counsel, Mr.K. Panda, CGC, Mr.D. Gochhayat, CGC, Mr.S. Samantray, CGC

Appointment offers cannot be cancelled without due process and opportunity for a hearing, especially based on questionable verification of documents.

Headnote:(A) Recruitment advertisement - Validity of domicile certificates - The petitioners applied for Constable (GD) positions after submitting domicile certificates, but the offers of appointment were cancelled due to reports questioning their residency. Courts found procedural errors in cancellation without hearing petitioners, allowing for re-verification and potential reinstatement. (Paras 4.4, 6.2, 6.3, 6.6)

(B) Procedural fairness - Appointing authority required to provide an opportunity for a hearing before cancelling appointment based on verification reports. (Paras 6.2, 6.4)

Facts of the case:
Petitioners applied and succeeded in a selection process, receiving appointment offers based on domicile certificates, which were later disputed leading to cancellations.

Findings of Court:
The cancellation was unsustainable without a proper hearing; fresh verification of domicile certificates is mandated.

Issues: Whether domicile certificates were valid and if proper procedure was followed in cancelling the appointments.

Ratio Decidendi: It concluded that the appointing authority failed to adhere to procedural fairness in handling the cancellation.

Result: The cancellation of appointment ordered to be subject to fresh verification and stay on any dismissal, directing a hearing and re-evaluation of domicile certificates.

Table of Content
1. petitioners' domicile certificates led to participation in selection. (Para 4)
2. opposition claims legitimacy of domicile verification process. (Para 5)
3. court observes need for proper verification and opportunity for petitioners. (Para 6)
4. writ petitions disposed with directions for compliance. (Para 7)

ORDER :

BIRAJA PRASANNA SATAPATHY, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. Since the issue involved in the present batch of Writ Petitions is identical, all the matters were heard analogously and disposed of by the present common order.

4. It is the case of the Petitioners that pursuant to the advertisement issued on 24.11.2023 under Annexure-1 to fill up the post of Constable (GD) in Central Armed Police Forces (CAPFs), Petitioners made their respective applications and faced the selection process.

4.1. It is further contended that in terms of the provision contained in Para- 3.3 of the advertisement, Petitioners along with their applications also submitted domicile certificate issued by the Tahasildar, Kalahandi so obtained by them and enclosed to the Writ Petition.

4.2. It is contended that by accepting such domicile certificate issued in favour of the Petitioners, Petitioners were not only allowed to participate in the selection process, but also they were issued with offer of appointment vide order dtd.23.12.2024. Not only Petitioners were also allowed to join, but also undergo the training pursuant to the offer letter dtd.23.12.2024. However, while so continuing, Petitioners were not allowed to continue with the training, because of the impugned order passed on 04.08.2025, so communicated vide letter dtd.17.11.2025 under Annexure-6.

4.3. It is contended that subsequent to issuance of the offer letter dtd. 23.12.2024, in terms of the provisions contained under Para-3.3. of the advertisement, when clarification was sought for from the concerned Tahasildar, with regard to genuineness of the domicile certificates so produced by each of the Petitioners, concerned RI submitted a report that Petitioners are not resident of Bhawanipatna. Basing on such RI report, the offer of appointment so issued in favour of the Petitioners in the present batch of cases was cancelled vide the impugned communication dtd.17.11.2025, basing on the order passed on 04.08.2025 by Opposite Party No.4. It is contended that, since Petitioners were issued with the domicile certificate by the concerned Tahasildar, unless and until the same is set aside in accordance with law, basing on a subsequent report submitted by the concerned RI, such offer of appointment could not have been cancelled vide the impugned order.

4.4. It is accordingly contended that the order cancelling the appointment of the Petitioners vide order dtd.4.8.2025 requires interference of this Court and Petitioners be allowed to continue in their service, where they had joined.

5. Mr. P.K. Parhi, learned DSGI along with respective CGCs on the other hand contended that, pursuant to the advertisement issued under Annexure-1, Petitioners were allowed to participate in the selection process and offer of appointment was also issued to each of the Petitioners which is not disputed. However, after issuance of such offer of appointment, in terms of the provisions contained under Para-3.3. of the advertisement, when the domicile certificates submitted by the Petitioners were sent for verification to the concerned Tahasil, the Tahasildar when reported that Petitioners are not permanent residents residing at Bhawanipatna, such offer of appointment was cancelled vide the impugned order dtd.17.08.2025 under Annexure-6-Series, so communicated on 17.11.2025.

5.1. It is contended that since after being asked to verify the genuineness of the domicile certificate, the report came from the Tahasildar, Kalahandi-Opposite Party No.5 that the said certificates are not genuine one and Petitioners are not o

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