Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.

O R D E R

Heard Shri Shyamal Narain, assisted by Shri Lakhan Singh Kushwaha, learned counsel for the applicants and Shri Atul Kumar Shahi, learned counsel for the respondents at the time of hearing.

2. This Original Application is filed by the applicants, who are 12 in numbers, under section 19 of the Administrative Tribunal Act, 1985, seeking following reliefs:-

8. (i) (a) This Hon’ble Tribunal may graciously be pleased to quash the impugned order dated 07.03.2024.

(i) This Hon’ble Tribunal may be pleased to direct the respondents to issue posting orders in respect of applicants for the post of Stenographer Level-4 in GP of Rs.2400/- in pursuance of final result dated 05.12.2023 with all consequential benefits.

(ii) This Hon’ble Court may be pleased to direct the respondents to prepare a fresh final panel including the name of applicants as they have already cleared the examination and found successful vide result dated 11.08.2023.

(iii) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

3. The brief facts of the case as narrated in Original Application is that an departmental advertisement was floated by the respondents on 12.01.2023 for filling up the post of Stenographer in Level-4 in the pay scale of Rs.5200-20200/-+2400 Grade Pay under 25% of general quota selection. Pursuant thereto, the applicants, having requisite qualification and experience, applied for the aforesaid post. Thereafter, all the applicants appeared in the written test, which was conducted at Training Centre, Gorakhpur on 03.08.2023 and declared successful. Subsequently, skill test was conducted in the office of respondent-2 on 15.10.2023 and all the applicants were appeared in the said skill test. Finally, the respondents have declared the final result of the aforesaid examination on 05.12.2023 and applicants were declared successful in aforesaid exam. Thereafter, the applicant waiting for communication from the respondents regarding conduction of medical and posting, but no such communication was received. The applicants jointly represented before the respondents, but no heed was paid. Hence, this Original Application has been filed.

3.1 During the pendency of the Original Application, the respondents cancelled the entire selection process, by passing a non- speaking order dated 07.03.2024. The order dated 07.03.2024 is impugned in this Original Application, by way of M.A. No.1741/2024, which was allowed vide order dated 22.04.2024 and relief 8 (1) (a) was added in the relief clause.

4. On the other hand, the Respondents have filed counter affidavit on 08.08.2024, wherein it has been stated that only written test and skill test were declared, but no final panel by the Selection Committee was not issued. As complaints were received by the Vigilance Department, the selection file was seized and after investigating the compliance, the Vigilance Department vide letter dated 22.02.2024, it was advised to cancel the Notification, showing irregularities. In view thereof, the competent Authority vide order dated 07.03.2024 cancelled the aforesaid Notification. Hence, original application is liable to be dismissed.

5. Rejoinder Affidavit has been filed by the applicants on 04.11.2024, reiterated the averments as made in original application. However, it has been stated that the respondents have not bring on record that what complaints have been received and how these complaints would become a basis for cancellation o