PRAKASH TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Cancellation of the entire selection process for appointment of Police Constables (General Duty), in which about 3,86,320 candidates participated, after the written examination (result of which is not declared so far) which came to be upheld by the learned Single Judge is put to challenge in these appeals. In fact, the cancellation was merely with reference to non- publication of the amended rules regarding the 'Physical Efficiency Test' in the official gazette on the date of advertisement (belated by 18 days from the last date for submitting the application), though the advertisement was issued incorporating the amended norms and all the candidates had participated in the process of selection with full knowledge of the rules (as amended).

(2.) Writ Appeal No. 620 of 2019 {arising out of Writ Petition (S) No. 8650 of 2019} is treated as the lead case and the parties and proceedings are referred to as given therein, except where it is separately referred to.

(3.) The main ground of challenge is that, absolutely no reason is stated in Annexure P/1 order of cancellation dated 27.09.2019 passed by the 2nd Respondent, but for some apprehension as to the "legal complications (if challenged by anybody)" which cannot be a reason to cancel the entire process of selection. This is more so, when the process/procedure or the rules were not questioned by anybody and further when cancellation of the entire process of selection for hyper-technical reason stands deprecated by the Hon'ble Supreme Court in Chandra Prakash Tiwari & Others v. Shakuntala Shukla & Others ; (2002) 6 SCC 127.