Authorities Cannot Rely Solely On Web Portals For Recruitment Notices When Prior Physical Notice Is Mandatory: Chhattisgarh High Court

The Chhattisgarh High Court has held that where a State Government circular mandates that candidates be informed of the date of document verification through Registered Post at least twenty days in advance, the authorities cannot rely solely on uploading information on a web portal. The Court observed that failure to follow the prescribed mode of communication renders the action arbitrary and illegal.

Justice Rakesh Mohan Pandey was hearing a writ petition filed by a candidate challenging the order rejecting her representation and seeking consideration for appointment to the post of Assistant Teacher (Science). The petitioner had participated in the recruitment process, for which document verification was fixed for 11.03.2022. However, the communication regarding the verification was also issued on the same day, due to which the petitioner could not participate in the verification process. Her subsequent representation was rejected by the authorities.

The petitioner contended that the recruitment advertisement did not require candidates to ascertain the date of counselling or document verification through any web portal. She relied upon the State Government circular, which required that selected candidates be informed of the date of document verification through Registered Post at least twenty days before the scheduled date. The State contended that the information regarding document verification had been uploaded on the website of the Directorate of Public Instruction and that the petitioner ought to have kept herself informed through the portal.

The Court found that the advertisement contained no stipulation requiring candidates to monitor the web portal for the date of counselling or document verification. It further observed that Clause 4 of the circular specifically required the authorities to communicate the date of verification through Registered Post at least twenty days in advance. Since the communication in the present case had been issued on the very date fixed for verification, the authorities had acted contrary to the mandatory procedure prescribed by the circular.

Holding that the respondent authorities had failed to discharge their obligation under the circular dated 15.09.2020, the Court quashed the order rejecting the petitioner's representation.

Accordingly, the Court allowed the writ petition and directed the respondent authorities to consider the petitioner's case for appointment to the post of Assistant Teacher (Science) in accordance with her preferences, completing the exercise within 120 days.

Case Title: Shashi Kiran Jaiswal v. State of Chhattisgarh & Ors. [WPS No. 4107 of 2022]

Click Here To Read/Download Order