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SAURABH SRIVASTAVA
Subodh Chandra Srivastava – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility for a.g.m. position requires proof of experience. (Para 2 , 3 , 4 , 5) |
| 2. respondents outline evidence criteria for post eligibility. (Para 6 , 7 , 10 , 11 , 12) |
| 3. court dismisses writ petitions for lack of merit. (Para 18 , 19 , 20) |
JUDGMENT
Saurabh Srivastava, J.
All the above referred writ petitions involved identical question of Law and facts. The Writ Petition No. 72605 of 2011 is being treated as leading Writ Petition and the facts of said writ petition is being considered for deciding the controversy involved in all the petitions.
2. Case of the Petitioner
All the petitioners in pursuance of the advertisement dated 07.01.2011, as issued by the F.C.I. for several posts, including 13 posts for A.G.M. (Legal) which subsequently increased to 17 posts applied online through official website of F.C.I. "In the advertisement the qualification and experience as prescribed for the post of A.G.M. (Legal) are being quoted below:-
A candidate must provide appropriate evidence of legal experience as per advertised criteria to be considered eligible for selection.
The main legal point established in the judgment is that both the certification and appropriate evidence had to be independently met to establish eligibility, and the employer was justified in insist....
The court affirmed that the recruitment process must adhere to the established criteria without post-selection alterations by the State, emphasizing the Commission's authority in candidate selection.
The court emphasized that participation in a selection process does not bar a challenge if there are allegations of fraud, warranting an inquiry into the selection process.
The demand for court orders by the State Govt. from selected candidates for the posts of ADAs and DDAs was not sustainable in law, arbitrary, and unjustified.
The court established that allegations of fraud in public recruitment necessitate an enquiry to ensure transparency and fairness.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
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....
Changes to selection criteria post-application process must not violate advertised conditions; clarity in rules ensures fairness in recruitment.
Unsuccessful candidates participating in selection process without protest cannot challenge criteria or outcome later under approbation-reprobation doctrine; experience must strictly relate to applie....
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