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PANKAJ PUROHIT
Girish Prasad Maithani – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. By means of this writ petition, petitioner has sought indulgence of this Court for quashing of the impugned order dated 22.07.2017 passed by respondent no. 2 (annexure no. 12 to the writ petition) whereby representation of petitioner, submitted pursuant to the order passed by the Coordinate Bench of this Court dated 06.07.2017, was rejected and further a writ of mandamus directing respondpent no. 2 to appoint the petitioner on the post of Instructor Mechanic (Motor Vehicle & Driving) towards the vacancy arose due to cancelation of selection of Ajay Kumar Arya and Saurabh Uniyal, who were not eligible to be selected on the post.
2. Facts of the case, shorn off unnecessary details, are that pursuant to an advertisement dated 20.06.2010, petitioner submitted his candidature for the post of Instructor Mechanic (Motor Vehicle & Driving) with the respondent. It is the case of the petitioner that petitioner could not be selected for the reason that in the select list, two persons, namely, Ajay Kumar Arya and Saurabh Uniyal were found place in the select list wrongly and due to this reason name of the petitioner was thrown out of the select list.
3. It is the c
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....
The government order on select list validity does not apply to non-government aided institutions, allowing the petitioner’s appointment.
A participant in a recruitment process cannot challenge the selection of another unless personally aggrieved by the outcome.
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
The expiration of a select list due to inaction and erroneous decision of the authorities cannot deprive a selected candidate of appointment.
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