AI Overview...
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Appointment Cancellation by UPSC - Several cases highlight that the UPSC can cancel appointments or candidature post-offer due to procedural issues, misconduct, or regulatory non-compliance. For instance, in Anil Kumar Singh VS State Of Uttar Pradesh Thru. Superintendent Of Police CBI - Allahabad, UPSC canceled a candidate's appointment after five years of contractual service, citing irregularities, and the appointment was not deemed indefeasible. Similarly, in Union Public Service Commission VS Girish Jayanti Lal Vaghela - Supreme Court, a contractual appointment was canceled after five years, emphasizing that contractual or ad hoc appointments do not confer permanent rights. Manish Naiyyer vs Employees Providend Fund Organisation (epfo) - Central Administrative Tribunal discusses exemption from regulations due to Scheduled Caste status, but also notes that appointment offers can be withdrawn if procedural lapses occur.
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Legal Principles and Judicial Viewpoints - Courts have consistently held that the offer of appointment is not an absolute right and can be revoked if procedural fairness is not maintained or if the appointment was made irregularly (Dr. Ram Narayan Yadav vs The Union of India through the Secretary, Ministry of Department of Labour & Employment - Central Administrative Tribunal, Anil Kumar Singh VS State Of Uttar Pradesh Thru. Superintendent Of Police CBI - Allahabad). The Supreme Court and Tribunals have reinforced that the cancellation of appointments, especially those made on an ad hoc or contractual basis, does not violate constitutional rights if done in accordance with law (Anil Kumar Singh VS State Of Uttar Pradesh Thru. Superintendent Of Police CBI - Allahabad, Union Of India VS Rati Pal Saroj - Supreme Court).
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Procedural Issues & Interview Cancellations - Several sources (Akul Bhargava VS Union Public Service Commission - Delhi, Rajendra Prasad Sharma vs Union Public Service Commission - Delhi) detail that interview cancellations by UPSC often occur due to procedural lapses, such as the failure of the Government of India to nominate required members for interview panels, leading to legal challenges. These cases underscore the importance of proper procedural adherence in appointment processes.
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Impact of Regulatory and Administrative Decisions - The cancellation often results from administrative decisions, procedural lapses, or non-compliance with statutory requirements. The courts have upheld that such cancellations are valid if based on lawful grounds, and candidates do not acquire an indefeasible right merely upon recommendation or interview success (Dr. Ram Narayan Yadav vs The Union of India through the Secretary, Ministry of Department of Labour & Employment - Central Administrative Tribunal, Union Public Service Commission VS Girish Jayanti Lal Vaghela - Supreme Court).
Analysis and Conclusion
Appointments made by UPSC are subject to procedural correctness and legal compliance. The cancellation of appointments post-offer is permissible when procedural lapses, irregularities, or statutory violations are identified. Candidates do not have an absolute right to appointment merely upon recommendation or interview success, especially in contractual or ad hoc appointments. Judicial rulings emphasize fairness, lawful procedures, and the discretion of authorities to withdraw appointments if justified. Therefore, UPSC's cancellations are generally upheld when based on valid reasons and proper procedures.
References:
- Manish Naiyyer vs Employees Providend Fund Organisation (epfo) - Central Administrative Tribunal
- Anil Kumar Singh VS State Of Uttar Pradesh Thru. Superintendent Of Police CBI - Allahabad
- Union Of India VS Rati Pal Saroj - Supreme Court
- Arvind Kumar Sharma VS High Court of Judicature for Rajasthan - Rajasthan
- Akul Bhargava VS Union Public Service Commission - Delhi
- Rajendra Prasad Sharma vs Union Public Service Commission - Delhi
- Union Public Service Commission VS Girish Jayanti Lal Vaghela - Supreme Court
- Rajendra Prasad Sharma VS Union Public Service Commission & Ors - Delhi
- Dr. Ram Narayan Yadav vs The Union of India through the Secretary, Ministry of Department of Labour & Employment - Central Administrative Tribunal
Search Results for "Appointment Cancelled by Upsc"
2025 Supreme(Online)(CAT) 121 • India - Central Administrative Tribunal
Mrs. Harvinder Kaur Oberoi, J, Dr. Sumeet Jerath, A
court found that the applicant's case was exempt from certain regulations due to his Scheduled Caste status and that the offer of appointment ... Employee Provident Fund Organization where Ajay Mishra, Rank 1 of the same batch who has not even joined in the service till date and whose appointment order was cancelled by department and whose dossier were returned to UPSC, the Tribunal had ruled that "he shall be entitled to count his ... The matter has been examined in consultation with the UPSC and it h....
2023 0 Supreme(All) 1084 • India - Allahabad
SUBHASH VIDYARTHI
Nearly 5 months after the interview, UPSC cancelled the candidature of respondent 1 and his contract appointment came to an end on 30-9-2002. ... The appointment of respondent 1 was renewed after every six months with short breaks and it continued for over five years. An advertisement was issued by UPSC on 24-3-2001 for making regular selection on the post of Drugs Inspector. ... Pushpa Srivastava (1992) 4 SCC 33, it was held that where the appointment is purely on ad hoc basis and is ....
1998 2 Supreme 465 • India - Supreme Court
D.P.WADHWA, SUJATA V.MANOHAR
which make him unsuitable for the post, the appointment can be cancelled. ... is cancelled. ... as cancelled-Central Administrative Tribunal held that offer of appointment could not be withdrawn after acceptance of appointment ... Before the respondent could join the Indian Administrative Service as a probationer, the appointment is withdrawn or cancelled. ... In the same way, if the Government discovers after the offer of appointment#HL_E....
2006 0 Supreme(Raj) 1549 • India - Rajasthan
S.N.JHA, MOHAMMAD RAFIQ
Non-prosecution - Quashing of ad hoc appointment and promotion - Rajasthan Higher Judicial Service - 30.12.1996 - 09.02.1995 - ... a writ petition to quash an order that cancelled his ad hoc promotion to the Rajasthan Higher Judicial Service (RHJS) and sought ... Deputation - Assistant Government Advocate - UPSC - Conduct of the petitioner Fact of the Case: The petitioner filed ... The writ petition has been filed for quashing an order by which while extending the ad hoc appointment of officers of the Rajasthan Higher J....
2020 0 Supreme(Del) 1556 • India - Delhi
PRATHIBA M. SINGH
- ALTERNATE REMEDY - JURISDICTION - TERRITORIAL JURISDICTION - FORUM NON CONVENIENS - NATURAL JUSTICE - SELECTION PROCESS - IAS APPOINTMENT ... Fact of the Case: Petitioners, Non-State Civil Service Officers (Non-SCS) of the State of Rajasthan and aspirants for appointment ... two members of the Selection Committee who were to be nominated by the Government of India, according to Regulation 3 of the IAS (Appointment ... and 1st January, 2020, had to be cancelled. ... Before proceeding to decide upon the question of main....
2006 2 Supreme 221 • India - Supreme Court
K.G.BALAKRISHNAN, G.P.MATHUR
and it continued for over five years—Advertisement was issued by UPSC for making regular appointment—Respondent 1 had become overage ... His contractual appointment for six months was de hors the rules. ... The appointment being purely contractual, the stage of acquiring the status of a Government servant had not arrived. ... Nearly 5 months after the interview, the UPSC cancelled the candidature of respondent No.1 and recommended the name of respondent No.4, Naresh Sharma for the post....
2021 0 Supreme(Del) 2267 • India - Delhi
RAJIV SAHAI ENDLAW, AMIT BANSAL
UPSC - Territorial Jurisdiction - Administrative Tribunals Act, 1985, Article 226 of the Constitution of India - Section 14 of ... They were aggrieved from the communication dated 31st December, 2019 of UPSC, of the interviews having been cancelled for the reason of Government of India (GOI) having failed to nominate two members on the interview panel. ... In the writ petition, the reliefs of (i) direction to the GOI to nominate two members for convening the Selection Committee meeting for the purpose of appointment of e....
• India - Delhi High Court
RAJIV SAHAI ENDLAW, AMIT BANSAL
The procedural integrity of selection processes for public service appointments was emphasized. ... Facts of the case: ... Challenges were raised by Non-State Civil Service officers regarding cancellations of interviews for IAS appointments ... They were aggrieved from the communication dated 31st December, 2019 of UPSC, of the interviews having been cancelled for the reason of Government of India (GOI) having failed to nominate two members on the interview panel. ... In the writ petition, the reliefs of (i) direction t....
2024 Supreme(Online)(CAT) 13650 • India - Central Administrative Tribunal
Ms. Ranjana Shahi, J, Shri Lok Ranjan, A
(A) Employment Law - Appointment Process - Communication and Rights - Case comprises issues regarding the offer of appointment communicated ... of Justice - Rights of Candidates - The court confirmed that merely being selected does not guarantee an indefeasible right to appointment ... Accordingly, the offer of appointment has been cancelled by the competent Authority.” ... Thus it appeared to be intended for – candidates recommended by UPSC/SSC ; who had been recommended for #HL_START....
2025 Supreme(Online)(DEL) 995 • India - High Court of Delhi
NAVIN CHAWLA, SHALINDER KAUR, JJ
(A) Article 14 and 16 of the Constitution of India - Promotion and appointment procedures within the CISF - Dispute arises regarding ... Directorate General, CISF & Anr. (2022 SCC OnLine Del 3154), affirming the need for clarity in such appointments. ... In these peculiar facts, where it is not the case of even the petitioner that the respondent no.4 obtained the appointment by some concealment or fraud, we do not consider it to be a case where the appointment of the respondent no.4 should be cancelled.....
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