Selection Process Can Be Abandoned Only For Valid Reasons: Andhra Pradesh HC
The Andhra Pradesh High Court set aside the cancellation of the selection process for various posts holding that the same can be done only for valid reasons.
The Bench noted that the authority in its reply-affidavit was unable to support its decision regarding the cancellation of the selection process in question and had only reiterated the principle of law that the petitioners based upon their participation in the selection process alone did not have any ‘indefeasible right’ to claim appointment.
A Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R.Raghunandan Rao observed, “Law with regard to the rights of candidates who participate in a selection process and may even find their names in the selection list based upon such a selection process is no longer res integra. It is settled that mere participation in the selection process does not give any indefeasible right to a candidate to get appointed and while the authorities have the right to abandon the selection process, yet the same can be done by giving proper reasons and justification and not arbitrarily.”
Advocate J. Sudheer represented the petitioners, while SC Maheswara Rao Kuncheam appeared for the respondents.
The petitions were filed in response to the cancellation of the selection process for various posts, including typists, copyists, and a personal assistant role for a District Judge. The decision was primarily challenged on the grounds of arbitrariness.
The District Judge had issued notifications for the aforementioned posts, inviting applications from eligible candidates. Subsequently, the candidates underwent an objective-type test and a skill test. Interviews were conducted, and lists of provisionally selected candidates were sent for approval by the High Court.
However, despite the process nearing its culmination, the High Court ordered the cancellation of the selection process, triggering the challenge. The petitioners contended that the cancellation lacked adequate justification and was prejudicial to the selected candidates' interests.
The High Court scrutinised the cancellation decision and found that “there is nothing on record, which would suggest that the complaint had been got inquired by the High Court much less is there anything on record, which would suggest that even a prima facie view has been expressed on the subject before ordering cancellation of the selection process.”
“In our opinion, while it may be true that the process of selection can be abandoned, yet the same can be done only for valid reasons,” the Court held.
Consequently, the Bench found no basis for sustaining the order of cancellation of the selection process in question and set it aside.
Accordingly, the High Court disposed of the petition.
Cause Title: Shaik Mahaboob John & Ors. v. The High Court of Andhra Pradesh & Ors.
Appearance:
Petitioners: Advocates J. Sudheer, Jyothi Eswar Gogineni, Srinivasa Rao Narra and P.V.N. Kiran Kumar
Respondents: SC Maheswara Rao Kuncheam
