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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Ankit Saran – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Petitioners in present bunch of matters have applied on different posts in pursuance of a recruitment process initiated on basis of Adv. No. 2/2013-14 issued by respondent-University.
2. Petitioners have claimed that after going through process of shortlisting, objective and subjective written examination, they were qualified and called for interview and Selection Committee conducted interview of petitioners also.
3. It is further case of petitioners that recruitment process was stalled on the basis of a communication between the State and University and a decision was taken not to continue with recruitment process.
4. In aforesaid circumstances, petitioners have filed present bunch of writ petitions with a prayer that their results be declared.
5. An interim order was passed by this Court whereby it was directed that fresh procedure can continue but it will remain subject to outcome of present bunch of writ petition and in one writ petition, a post was also reserved.
6. During exchange of pleadings, inquiry report dated 30.12.2015 is placed on record and a decision thereof taken by Executive Council on 10.02.2016 is also placed on record wherein
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
(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....
The court established that recruitment processes must adhere to the legal framework in place at the time of vacancy and emphasized the necessity of public advertisement for fair selection.
Public recruitment processes must ensure fairness and legality, with allegations of irregularities requiring substantial proof to warrant judicial intervention.
The court affirmed that mere selection does not confer a vested right to appointment, especially when the recruitment process is marred by gross irregularities.
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