davinder (executive) 12 October 2013

Recruitment advertisement

If a high court in a decision quashes only the recruitment advertisement even after the recruitment and selection process is over and the candidates selected had been working as employees for more than one year then what is the implication of this decision? Does this mean that the whole selection has been quashed? Kindly clear this point preferably citing some previous judgement.

Thanks

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4 Replies

Sudhir Kumar, Advocate (Advocate) 14 October 2013

subjective query full facts not given.

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davinder (executive) 14 October 2013

I work for a state power corporation as Assistant Engineer. I joined this organization in 2012. The organization conducted a state level written test for this recruitment. The advertisement for this recruitment was published in national dailies in November, 2011. The eligibility condition for the post of Assistant Engineer is B.Tech./B.E. or AMIE in the relevant discipline with minimum 60% marks. According to State electiricity board rules, any person who is a diploma holder and is in service with minimum 12 years of service, is also eligible to sit in the examination. But Power Corporation amended the eligibility conditions by eliminating this rule by issuing a circular. The affected diploma holder candidates could not apply to appear in the examination and some of them filed a civil writ petition in the honorable high court against the amendment of eligibility conditions, before the written test was conducted. The high court gave its decision in September 2013, allowing the petition and quashing the above mentioned advertisement thereby giving the liberty to the corporation to issue a new advertisement as per the law.

Meanwhile, the corporation went ahead for the recruitment process despite this writ petition, conducted the written test in march 2012, selecting the successful candidates and those candidates joined on this post in July 2012. Now the decision of the honorable court came out in sep, 2013. It seems that neither the petitioners nor the respondents informed the high court about the fact that recruitment and selection process is over and the candidates have joined and are working as employees.

Now I want to know that what are the consequences of this decision on the selection of the candidates? Does the quashing of only the recruitment advertisement means the quashing of whole selection? Kindly clarify this point.

Sudhir Kumar, Advocate (Advocate) 16 October 2013

"But Power Corporation amended the eligibility conditions by eliminating this rule by issuing a circular." statutory rules cannot be changed by a circular when ad is quashed then whole procedure goes.