Withdrawal of candidature without opportunity to defend violates principles of natural justice and requires reconsideration after acquittal.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985 seeking the following relief:-

i) Issue an direction/order to quash and set-aside the order/Notice vide Ref. No. 942/NVS/RO- CHD/ESTT(NT)/2022/4270-71 passed 16.08.2023 by the respondents and;

ii) Issue an order or direction to the respondents not to proceed with any further actions pursuant to the aforesaid impugned Order/Notice vide Ref. No. 942 /NVS/RO- CHD/ESTT(NT)/2022/4270-71 on dated 16.08.2023.

2. The facts of the case in brief, as pleaded, are that the applicant is a 25-year-old, law-abiding, and career-oriented young student, who has completed his 12th standard and has been preparing for competitive examinations for the past five years. In response to the Recruitment Drive 2021–2022 issued by the respondents through a newspaper notification dated 12.01.2022 for various posts under the Navodaya Vidyalaya Samiti, the applicant applied for the post of Junior Secretariat Assistant (JNV Cadre), fulfilling all the required eligibility criteria. After successfully clearing the written test, skill (typing) test, Digitally and medical examination, the applicant secured Rank 15 in the UR category with a score of 112.493. Consequently, the respondents issued an appointment letter dated 27.05.2023, offering him the said post and directing him to report for duty at Jawahar Navodaya Vidyalaya, Kothipura, District Bilaspur (Himachal Pradesh) on or before 15 June 2023.

3. In compliance, the petitioner submitted all required attestation documents, including a disclosure regarding a pending criminal case (FIR No. 0111/2018 under Section 202 IPC, P.S. Kharkhoda, District Sonipat), along with copies of the FIR, charge sheet, and charge order. Despite this disclosure, the respondents, upon becoming aware of the pending case, issued an order dated 16.08.2023 withdrawing the petitioner’s candidature for the post of JNV Cadre, as per Order/Notice Ref. No. 942/NVS/RO-CHD/ESTT(NT)/2022/4270-71. Aggrieved by this order, the petitioner contends that the withdrawal of his candidature is unjust and has caused him irreparable loss that cannot be compensated monetarily.

4. The applicant has challenged the impugned order dated 16.08.2023 passed by the respondents, contending that it is unsustainable in law as well as on facts. It has been submitted that the respondents failed to appreciate that in Case No. SC/623/2018 arising out of FIR No. 0111/2018, charge was framed against the applicant only under Section 202 of the Indian Penal Code, which carries a maximum punishment of six months’ imprisonment or fine, and that he has no other criminal antecedents. The applicant asserted that the impugned order was passed in his absence and without any prior notice, thereby violating the principles of natural justice, as he was not afforded an opportunity to be heard or to present his defense. The order, being vague, unreasonable, and passed in a hasty and mechanical manner, is contrary to the doctrine of audi alteram partem. It has been further contended that the applicant had voluntarily disclosed the existence of the pending criminal case and submitted all relevant documents, including copies of the FIR and charge sheet, to the NVS, and hence, the respondents’ allegation of suppression of material facts is baseless. The withdrawal of his candidature, therefore, is arbitrary and without due consideration of the minor nature of the alleged offence. In support of his case, the applicant relies upon the judgment of the Hon’ble Supreme Court in Pawan Kumar vs. Union of India , S