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SAUMITRA DAYAL SINGH, VINOD DIWAKAR
State of U. P. – Appellant
Versus
Parmeshwari Dayal – Respondent
JUDGMENT
Heard Shri Arimardan Singh Rajpoot, learned Additional Chief Standing Counsel along with Shri Piyush Srivastava, learned counsel for the respondents-appellants and Shri K.M. Asthana, learned counsel for the petitioners-respondents.
2. The present intra-court appeal has been filed by the respondents-appellants/State, arising from the order of the learned single judge dated 01.12.2017, passed in Writ-A No. 16890 of 2016 (Parmeshwari Dayal and 14 others v. State of U.P. and 8 others). By that order, the learned single judge has allowed that writ petition filed by 15 petitioners-respondents and quashed the order dated 17.03.2016, passed by the Principal Secretary, Matsya Utpadan Anubhag; order dated 18.3.2016 passed by the Director of Fisheries and, order dated 30.03.2016 passed by the Deputy Director Fisheries, Jhansi Division, Jhansi. Consequently, the petitioners (before the learned single judge), have been directed to be reinstated in service on the post of Fisherman/"Machua", together with all consequential benefits, except 50% backwages.
3. In the present intra-court appeal, by a detailed order dated 16.7.2018, a co-ordinate bench of this Court stayed, until further order
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
(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....
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
The court emphasized that the integrity of public employment selections must be maintained, ruling that the failure to publish the master answer key and deletion of original data rendered the selecti....
Public recruitment processes must ensure fairness and legality, with allegations of irregularities requiring substantial proof to warrant judicial intervention.
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