SHARAN GUPTA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioners had applied for the posts of Assistant Engineer, Electric/Assistant Engineer, Civil and for the other posts in the department of JAKEDA as mentioned in the petition in pursuance to the two advertisement notices issued separately by the respondent vide dtd. 12/9/2017. In pursuance to the advertisement issued by the respondent Nos. 2 and 3, the petitioners applied for the respective posts. It appears that the petitioners had appeared in the written test and the result of the same was also uploaded in the website of the respondents, the copy of the notification declaring the result of written test vide dtd. 9/5/2018 is on the file. The candidates were shortlisted for appearing in the interview vide dtd. 6/6/2018. However, the revised list of short listing of the candidates was issued vide dtd. 10/8/2018. Some of the petitioners were shortlisted for the interview and some of the petitioners were yet to be shortlisted as per the petitioners. As the selection process was not proceeded with by the respondents the writ petition came to be filed by the some of the candidates and in one of the writ petition No. 2198/2019 the respondents were directed to conclude the selection process initiated in pursuance to the two advertisement notices issued on 12/9/2019. The selection process was still not concluded by the respondents and instead vide order No. 8 JAKEDA of 2019 dtd. 2/12/2019 the selection process initiated in pursuance to the advertisement notice of 2019 was cancelled for the reasons stated in the cancellation order and which is impugned in the present petition. The petitioners seek quashment of the cancellation order and compliance of the court order passed in the writ petition and direction to conclude the selection process initiated by the respondents vide 2 advertisement notices issued on 12/9/2017. The petitioners also seek appointment against the posts for which they have applied in case they finally make the grade in the selection process.

(2.) The objections to the petition have been filed by the respondents wherein the main plea taken by the respondents is that the respondents are not compelled to complete the selection process as the government has right to withdraw notification issued for selection of candidates for the post mentioned therein. The main objection raised by the respondents for cancellation of process for selection is that M/S I.M. Energy and Software Pvt. Ltd. was associated in the task of selection process. However certain flaws were observed in the engagement of the agency and as the selection process through agency could result in justice therefore the order impugned came to be passed by the respondents.

(3.) Heard learned counsel for the parties and perused the record.