KAMALJIT SINGH Vs. U T

JUDGEMENT

(1.) Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India is for issuance of direction in the nature of mandamus directing the respondents to appoint the petitioner on the post of Assistant Director, Care Support & Treatment (CST), as per the advertisement dated 06.11.2019 (Annexure P-1). Writ in the nature of certiorari is also sought to be issued for quashing the action of respondent No.2-Society whereby the whole recruitment process for the said post had been cancelled, without there being any justifiable reason. Resultantly, directions are sought to the respondents restraining them from issuing fresh selection process for the post in question.

(2.) The stand of the respondents is that the proceedings of the Selection Committee were prepared but not signed by all members of the Committee, mainly the Director Health Services-cum-Chairman, Administrative Committee, CSACS and therefore, direction was issued to scrap the selection process. A fresh advertisement had been issued on 09.01.2021, which is admittedly during the pendency of the writ petition and the petitioner was free to apply for the said post and could be considered on merits. It is also admitted that the Project Director, Chandigarh State AIDS Control Society (CSACS) had proceeded on ExIndia Leave from 27.01.2020 to 01.04.2020 and could not return till 07.09.2020 due to the Corona Pandemic and therefore, justification has been given not to issue the appointment order.

(3.) The action of the respondents, thus, is to be tested on the touch-stone of the observations of the Apex Court in Shankarsan Dash Vs. Union of India , 1991 3 SCC 47. If the said action is arbitrary on the face of it and not justifiable, directions are naturally liable to be issued in favour of the petitioner and if the respondents could justify the reasoning to withhold the appointment, the answer has to be given in the negative, against the petitioner.