No vested right to eligibility after bona fide cancellation of recruitment process; fresh notification governs with new age criteria.

ORDER

Per Rameshwar Vyas :

Being aggrieved by communication dated 25.04.2024 (Annex.A/1) whereby respondent No.2 informed the applicant regarding his ineligibility to appear in the selection process for the post of Junior Engineer (Mechanical) against 25% intermediate quota pursuant to the Notification dated 18.03.2024 (Annex.A/9), the applicant has preferred this O.A. with prayer to quash and set aside the above communication as also, the list dated 10.04.2024 (Annex.A/2), wherein , his name was included in the list of candidates found ineligible to appear for the above post.

2. Facts of the case in brief are as under :-

Vide Notification dated 18.03.2024 (Annex.A/9) applications were invited from eligible candidates for the post of Junior Engineer (Mechanical) Level-VI against 25% intermediate quota for total eight posts including six posts in unreserved category. As per terms of the notification, candidates of general category should be below the age of 47 years on the date of the notification. Pursuant to the above notification, the applicant applied for the post but was not found eligible for the post on the ground of crossing the upper age limit of 47 years on the date of the notification. It is the grievance of the applicant that for the above eight posts, notification inviting applications from eligible candidates was initially issued on 10.05.2021 (Annex.A/3) pursuant to which, the applicant also applied for the post of Junior Engineer and he was found eligible to appear in the written examination which was conducted on 13.08.2021. Thereafter, considering some objections and representations against the errors in the question paper and the answer key, vide order dated 17.09.2021 the examinations held on 13.08.2021 were cancelled and re scheduled on 12.10.2021 and was intimated to all. It is pertinent to note that no changes were made in eligibility and syllabus of the examination.

3. After conducting the examination on 12.10.2021, some candidates including applicant raised issue of leakage of question paper. The applicant along with two other candidates filed OA No. 215/2021 with prayer for cancellation of examination. While considering the prayer of the applicants, this Bench vide interim order dated 18.11.2021 directed the respondents not to publish the result of the written examination held on 12.10.2021. Thereafter, vide order dated 15.01.2024, the respondent No. 2 cancelled the notification dated 10.05.2021 and selection process. Thereafter, the OA filed by the applicant along with two other candidates was disposed of as having rendered infructuous vide order dated 01.03.2024 (Annex.A/8) and fresh notification inviting applications from eligible candidates was issued on 18.03.2024 (Annex.A/9). By that time, the applicant of the present OA crossed the upper age limit, therefore, he was not found eligible to participate in the selection process. Resultantly in the communication dated 09.04.2024 (Annex.A/2), his name was included in the list of candidates found ineligible indicating the reasons for their ineligibility.

4. Being aggrieved with the above, the applicant challenges the action of the respondents on the ground that for the same number of post the notification dated 10.05.2021 was published wherein, the applicant was found eligible to appear in the written examination. The said examination was cancelled twice on account of the mistake, error and illegality committed by the respondents themselves for which the applicant was not responsible. Therefore, he prayed to quash and set aside the order passed by the respondents treating him ineligible for the post of Junior Engineer on the ground of crossing