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2026 Supreme(Online)(Chh) 10330

HIGH COURT OF CHHATTISGARH AT BILASPUR


2026:CGHC:19197


WPS No. 969 of 2023


WPS No. 3788 of 2023


WPS No. 1144 of 2024


WPS No. 1143 of 2024


Order reserved on 23/01/2026


Order delivered on 25/04/2026


Hon'ble Shri Justice Ravindra Kumar Agrawal

Advocates:
For the Appellants/Petitioners: Naushina Ali, Bharat Sharma
For the Respondents: Prafull N. Bharat, R.S. Patel, Tanmay Thomas

A public body cannot cancel an entire recruitment process due to limited irregularities if it is possible to segregate tainted from untainted candidates. Wholesale cancellation without cogent reasons or when segregation is feasible constitutes arbitrary state action and violates the right to fair and equal public employment.

Headnote:(A) Constitution of India - Articles 14 and 16 - Public Employment - Recruitment Process - Cancellation of selection - Judicial review - State and its instrumentalities cannot exercise power to cancel selection process in an arbitrary manner - Absence of reasons renders decision legally unsustainable - Every state action must be informed by reason, and an act uninformed by reason is arbitrary. (Paras 41, 43)

(B) Service Law - Recruitment - Doctrine of segregation - Cancellation of recruitment process en masse - When irregularities are limited in scope and clearly identifiable, segregation of tainted and untainted candidates must be done in consonance with fairness and equity - Wholesale cancellation is an extreme and unwarranted measure where genuine candidates can be separated from those involved in malpractice. (Paras 23, 40, 48)

(C) Administrative Law - Legitimate Expectation - Candidates who have successfully cleared stages of a selection process and remained in the zone of consideration acquire a legitimate expectation - Prolonged inaction and inordinate delay and subsequent abrupt cancellation of selection process without cogent reasons defeated the legitimate expectation of candidates. (Paras 44, 51)

Facts of the case:
Public recruitment initiated for various posts in 2017 progressed through written examination and physical tests. Following allegations of signature mismatches for a small subset of candidates, the recruitment process was stalled for several years. Despite forensic verification yielding results that classified candidates, the authority eventually cancelled the entire recruitment process in 2023 via a cryptic public notice citing "unavoidable circumstances".

Findings of Court:
The Court found the cancellation order to be non-speaking, arbitrary, and lacking in objective justification. It observed that the forensic reports allowed for clear segregation between tainted and untainted candidates. The delay caused by the authority's own administrative indecision prejudiced the candidates, many of whom faced age-related disqualification for future opportunities.

Issues: Whether the wholesale cancellation of a recruitment process after a long delay, based on limited irregularities, is legally sustainable and whether the authorities were obligated to segregate tainted candidates from genuine ones.

Ratio Decidendi: Recruitment processes cannot be cancelled in their entirety unless systemic fraud renders the process irredeemably compromised. When irregularities are localized or identifiable, the authority has a constitutional duty to segregate the innocent candidates from the wrongdoers to ensure fairness and avoid arbitrary state action under the principle of proportionality.

Result: Petitions allowed. Impugned cancellation order quashed. Respondents directed to complete recruitment by segregating tainted candidates within three months.

C.A.V. Order

1. All these writ petitions have a common issue, and therefore, they are being heard and decided together.

2. The W.P.S. No. 969/2023 has been filed by the petitioners against the impugned information dated 12-01-2023 published in a daily newspaper, whereby the recruitment/selection process on the 114 posts of Watchman with the respondent department has been cancelled after about 05 years of written examination. They prayed the following reliefs in the writ petition:-

“10.1 That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners.

10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/ direction and quash the impugned information dated 12.01.2023 published in view of the direction of the respondent No. 1 (Annexure P/1).

10.3 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent authorities i.e Respondent No. 2 to declare the results of the written examination of the Watchman after quashing of the impugned order.

10.4 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent authorities to take all consequential steps to make the appointments of the petitioners on the post of Watchman in the event of their selection after the declaration of results.

10.5 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/ direction and restrain the Respondent No. 1 from issuing fresh advertisement for recruitment of Watchman as only the declaration of result and publication of select/merit list of candidates is to be finalized by the respondent authorities for the recruitment process for the year 2017.

10.6 Any other relief/reliefs which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.”

3. The W.P.S. No. 3788/2023 has been filed by the petitioner against the report of the Committee dated 28-02-2020, and also the opinion of the CFSL report, whereby the signature of the petitioner is found to be not matched with the signature of his answer sheet, and also the said cancellation of the recruitment process of 114 posts of Watchman with the department, and prayed for the following reliefs in the writ petition:-

“10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners.

10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and quash the committee report dated 28.02.2020 and the opinion of CFSL Hyderabad (Annexure P/1).

10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and quash the impugned information dated 12.01.2023 published in view of the direction of the respondent No. 1 (Annexure P/2).

10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent authorities i.e Respondent No. 2 to declare the results of the written examination of the Watchman after quashing of the impugned order.

10.5 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and direct the respondent authorities to take all consequential steps to make the appointments of the petitioners on the post of Watchman in the event of their selection after the declaration of results.

10.6 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction and restrain the Respondent No. 1 from issuing fresh advertisement for recruitment of Watchman as only the declaration of result and publication of select/merit list of candidates is to be finalized by the respondent authorities for the recruitment process for the year 2017.

10.7 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly

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