G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Saneh Lata – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
G.S.Sandhawalia, J. - The present judgment shall dispose of 16 cases out of which, 4 are LPAs i.e. LPA Nos. 1928 and 1963 of 2019 and LPA Nos. 3 and 84 of 2020 and 12 are writ petitions i.e. CWP Nos. 32097, 32098, 32220, 32136 and 37588 of 2018; CWP Nos. 428, 1251, 3490 and 7649 of 2019 and CWP Nos.4784, 11584 and 21265 of 2021.
2. Facts of LPA No. 1928 of 2019 are being referred to, which is filed by the appellants (private respondents in the writ petition) challenging the judgment dated 06.11.2019 and as modified on 18.11.2019 passed in CWP No. 31702 of 2018, Rakesh Kumar and others v. State of Haryana and others whereby, the learned Single Judge, while deciding 56 writ petitions, set aside the notice dated 09.12.2018 (Annexure P-10) and a direction was issued to the State to declare the result afresh by treating the writ petitioners as eligible. Resultantly, it was held that the amendment dated 23.06.2017 was to be applied retrospectively as it was explanatory and, therefore, by virtue of the same, this made the writ petitioners eligible for the 626 posts of PGT (Sanskrit) which had been advertised on 28.06.2015. Vide the application for modification filed on behalf of t
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Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
The State's authority to cancel a selection process can be judicially reviewed on the touchstone of reasonableness, and the cancellation must be based on relevant factors and not mala-fide or arbitra....
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
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