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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Sunil Kumar Jain – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Writ-A No. 10333 of 2025 was filed by one, Sunil Kumar Jain, claiming himself to be the Treasurer of time barred Committee of Management of Digamber Jain Mahavidyalaya, Baraut, Baghpat, a Minority Institution. The impugned order dated 21.04.2025 was passed by Principal Secretary, Higher Education, State of Uttar Pradesh in pursuance of a judgment passed in a bunch of three writ petitions, leading being, Sunil Kumar Jain vs. State of U.P. and others, 2025:AHC:9341 and in order to place relevant facts and details of earlier round of litigation, it would be appropriate to reproduce said judgment hereinafter in its entirety:
“1. All these writ petitions are arising out of a selection process initiated to fill vacant post of Assistant Professor in Digambar Jain College (Minority Educational Institution), Baraut, Baghpat.
2. Facts, as mentioned in one of the writ petition, are that there was a dispute with regard to Committee of Management of said Minority Institution and earlier attempt to fill up the vacant post does not reach to its logical end due to orders passed by Registrar of Chaudhary Charan Singh University, Meerut.
3. In above background an
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.
A candidate cannot challenge a selection process after participating and being unsuccessful; such claims are barred by the doctrine of estoppel.
A candidate has a right to be considered in light of existing Rules which implies Rules in force as on date of consideration.
The court upheld that the appointments made before changes in recruitment policy must be considered valid under the laws in effect at that time, emphasizing the integrity of the selection process.
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.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
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