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ABDUL MOIN
Sachin Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ABDUL MOIN, J.
1. Rejoinder affidavit filed today in Court is taken on record.
2. Heard Sri Deep Narayan Tripathi, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no. 1, and Sri Prashant Kumar Singh, learned counsel appearing for respondents no. 2 to 4.
3. Instant petition has been filed praying for the following reliefs:
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not hold the selection process on the post of Assistant Many Professor, Agriculture Business Management belonging to general category under Advt. no. 3/2024 dated 04.03.2024.
(ii-a) to issue a writ, order or direction in the nature of certiorari quashing the selection and appointment on the post of Assistant Many Professor, Agriculture Business Management belonging to general category
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.
Selection processes must adhere to previously established criteria, and unilateral changes are impermissible once the process has commenced.
The Court emphasized the obligation of the authority to appoint the next selected candidate in case of a vacancy and deemed the inclusion of the vacancy in the subsequent advertisement as illegal.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
Mere recommendations in the selection process do not confer a right to appointment; the state exercises discretion in final appointments based on administrative necessity.
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