The has quashed the ’s notification dated , which sought to cancel the recruitment process for the Jharkhand General Graduate Level Combined Competitive Examination (JGGLCCE)-2023. In a ruling delivered on , Justice Deepak Roshan declared the cancellation order , affirming that the thousands of candidates already appointed to various state positions are deemed to be in continuous service with all attendant monetary and service benefits intact.
The dispute centered on the JGGLCCE-2023, an extensive recruitment drive for posts including Assistant Section Officer, Junior Secretariat Assistant, and several block-level administrative positions. The examination process had been the subject of prolonged legal scrutiny following reports of paper leaks, leading to the cancellation of initial schedules and subsequent re-examinations. Two major , including a , had previously challenged the integrity of the recruitment process. In those proceedings, a had declined to cancel the examination entirely, instead directing the completion of criminal investigations by a and allowing the appointment process to proceed. This judicial determination was later upheld by the , which ruled that while appointments could be made, they would remain subject to the final outcome of criminal prosecutions.
In the , Justice Deepak Roshan emphasized that the ’s attempt to cancel the recruitment en masse, following public protests, was an attempt to overreach the . The Court found that the cabinet decision taken on , was not grounded in any new, in-depth factual inquiry demonstrating that the integrity of the entire selection process had been systemically compromised beyond repair.
"Once the High Court and the Supreme Court had the occasion to deal with the issue, which is directly and substantially the same as the present one, the respondents only by claiming that some further material has been collected and further arrests had been made cannot undo the judgment and order of
,"
the Court noted.
The ruling highlighted that the State had failed to provide sufficient evidence to justify the deviation from established judicial directions. Justice Roshan observed that the State’s action was initiated in the wake of public agitation, rather than an objective, examination-specific evidentiary foundation. The Court noted,
"Neither the impugned notification, nor the
discloses material concerning this examination sufficient to establish
or the impossibility of segregation."
The Court clarified that the executive has the power to cancel a recruitment process if is proven, but such a decision must be based on substantive material rather than suspicion. The judgment reiterated that the stage for identifying and segregating tainted candidates, if any, is yet to come, as the criminal investigations remain active. By canceling the entire recruitment, the State had prematurely penalized untainted candidates who had already entered government service.
"The issues raised by the
cannot be permitted to be reagitated so as to undo the binding effect of the judgment of
,"
the Court stated, referring to the previous PIL.
"The judgment is valid and binding and the State cannot be permitted to act contrary thereto."
Addressing the procedural concerns, the Court noted that the petitioners were no longer mere candidates but had attained the status of appointed public servants. Consequently, the termination of their services through a notification of cancellation, without established individual culpability or a concluded finding of institutional collapse, violated the principles of fair play. The Court observed that the notification failed to explain why less injurious measures, such as the segregation of candidates involved in malpractice, could not be employed.
The ruling explicitly orders that the petitioners are deemed to be in service with full continuity, ensuring no break in their employment history. The State authorities are directed to restore all service benefits, whether monetary or administrative, that were curtailed following the August 18 notification. However, the Court underscored that this reinstatement does not grant immunity from the ongoing criminal process.
"The appointment of the petitioners shall remain subject to final outcome of all criminal prosecution,"
the
clarified. The Court further expressed an expectation that the ongoing criminal investigations be carried out in a free, fair, and expedited manner, stressing that the petitioners are legally obligated to cooperate fully with the investigating agencies.
The decision brings a temporary respite to approximately 1,932 serving appointees, many of whom had resigned from previous government positions to accept these roles. By refusing to quash the recruitment, the High Court has reaffirmed the principle that judicial finality, once achieved in the highest courts, must be respected by the executive branch. The State’s attempts to rely on general allegations of malpractice from other examinations were found insufficient to justify the annulment of the JGGLCCE-2023, setting a clear threshold for future administrative actions involving the cancellation of large-scale public recruitment. The matter now rests on the progress of the pending criminal cases, with the final legality of each individual’s appointment remaining tethered to those judicial outcomes.
government recruitment - cancellation notification