Advanced-Stage Recruitment Cannot Be Abandoned Without Rational Basis: J&K&L High Court Set Aside Cancellation Of GDS Post
Aleem Syeed
23 Feb 2026 1:00 PM IST
The Jammu and Kashmir High Court held that while participation in a recruitment process does not confer an indefeasible right to appointment, the State cannot arbitrarily cancel a selection process that has reached an advanced stage without a rational basis.
A Division Bench comprising of Chief Justice Arun Palli and Justice Rajnesh Oswal allowed appeal and set aside the cancellation of recruitment to posts of Gramin Dak Sevak (GDS), directing appointment of the appellants against available vacancies.
Background
The appellants had applied for the posts of Branch Postmaster under a recruitment notification issued by the Department of Posts in the Jammu & Kashmir Circle. The selection process had progressed to an advanced stage and, in one case, the candidate was next in merit after the first-ranked candidate withdrew.
However, during document verification, a communication dated 01.08.2016 halted all GDS selections. The recruitment was later cancelled on the ground that the Department intended to shift to an online mode of selection.
The Court observed that the cancellation was not based on any illegality or irregularity in the recruitment process. The only reason cited was procedural transition.
Relying on Shankarsan Dash and Mahadev Appa Rao, the Bench reiterated that although candidates do not have an indefeasible right to appointment, the State's decision to cancel recruitment is subject to judicial review and must not be arbitrary.
The Court also noted that, despite citing a shift to online recruitment as justification, the Department subsequently permitted manual recruitment in the J&K Circle and issued a fresh notification without adopting the online mode. This, the Court held, undermined the respondents' justification and rendered the cancellation arbitrary.
Observing that four GDS posts were currently vacant, the Court quashed the cancellation and directed appointment of Appellant No. 1 against any one of the vacant posts as per his option and consideration of Appellant No. 2 against the remaining vacancies, subject to formalities.
The appeal was accordingly allowed.
Case-Title: Altaf Hussain & Anr. Vs Union of India & Ors., 2026