NEHRU YUVA KENDRA SANGATHAN Vs. YOGENDRA SINGH

JUDGEMENT

(1.) Rule D.B. Since short point is involved the matter is taken up at this stage for final argument and disposal. These three appeals arise from a common judgment of a learned Single Judge passed in Writ Petitions being CWP No. 5289/98 and CWP No. 938/99 which were filed by the respondents in these appeals. By the impugned judgment dated 3/03/1999 the learned Single Judge while allowing the writ petitions directed the appellant herein to appoint those who were successful in the examination. All these appeals are disposed of by this judgment.

(2.) The advertisement was issued by the appellant Nehru Yuva Kendra Sangathan on ; 26/12/1996 for recruitment to the posts of Youth Co-ordinator. Respondents herein applied for the said post. Written test was held followed by interview on 7/11/1997. However, since the results were not declared, respondents herein filed the aforesaid writ petitions with the prayer that direction be issued to the appellants herein to declare the results of selection held on 7/11/1997. The appellant filed the counter-affidavit in which it was, inter alia, stated that in the process of recruitment to the posts of Youth Co-ordinator some irregularities had been found. It was also pointed out that there was no approval/sanction from the Ministry of Finance and no posts were created, the procedure adopted for scrutiny of applications received was not proper inasmuch as in the advertisement educational qualification was fixed as Graduate but only post graduates applicants were called for and that a number of complaints had been received in regard to the appointments on these posts. Resultantly, the decision was taken to cancel the selection process and it was for this reason that results of the interview held on 7/11/1997 were not declared. The learned Single Judge by impugned judgment allowed the writ petitions and gave the mandate to declare the results and appoint the petitioners herein if they were found successful. The relevant portion of the order reads as under:

(3.) Mr. Rajiv Nayyar, learned Senior Counsel appearing for the appellants in LPAs 190/ 99 and 206/99 and Mr. Maninder Singh appearing for appellant in LPA No. 209/99 assailed the order of the learned Single Judge primarily on the ground that the learned Single Judge has not dealt with any of the contentions raised by the appellant in the counter-affidavit and argued before the learned Single Judge. It was contended that there was no indefeasible right of the respondents to get appointed to the post applied for even if their names appear in the select list. It was further argued that there were valid reasons for cancelling the selection inasmuch as Union of India, Ministry of Human Resource Development under whose administrative control Nehru Yuva Kendra comes, had not approved/sanctioned the post and as it was found that there were number of irregularities and complaints in regard to the appointment, it was within the rights of the appellant to cancel the selection. On the other hand Mr. D.D. Thakur, learned Counsel appearing for the respondents submitted that the cancellation was actuated by malafides and the reasons given in the counter-affidavit or in the decision dated 22/6/1998 deciding to cancel the selection process were neither factually correct nor legally tenable.