Once Selection Process Culminates Into Document Verification, It Shouldn't Be Cancelled Citing Technical Infirmity: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court has held that once any selection process for a job post is culminated into the process of document verification after selection of candidates, it should not be cancelled citing technical infirmities in the original advertisement.Justice Subodh Abhyankar observed, “…the Government vacancies are already hard to come by, and even if they are advertised, there are many factors affecting a person's eligibility to participate in the same, the most important of which is the age limit, and once a person has crossed the requisite age, notwithstanding his competence, his dream of obtaining a government job is shattered. Thus, once a selection process has culminated into the process of document verification after selection of a candidate, it should not be normally cancelled citing technical infirmities in the original advertisement which are curable and can still be remedied. Thus, this court sees no justifiable reason to cancel the entire selection process when the respondents can very well issue a fresh advertisement for the seats reserved for specially abled candidates by reducing the exact number of seats from the originally advertised seats in the advertisement, which ought to have been reserved in the first place in the said advertisement for the specially abled candidates.”The present writ petition was filed against an order of cancellation of entire selection process for the post of Fisheries Inspector on the ground that seats were not reserved for the specially abled persons.As per the factual matrix of the case, the respondents had issued an advertisement for the post of Fisheries Inspector. The petitioners had applied for the same and got selected. The process of document verification was also completed by the respondents. However, the respondents thereafter, issued an order informing the petitioners that the selection process has been cancelled.The counsel for the petitioners referred to the plea taken by respondents that the selection process was cancelled on account of non-compliance of the provisions under the Rights of Persons with Disabilities Act, 2016 and argued that the mandate prescribed under the Act of 2016 could have been followed without cancellation of the entire selection process.On the contrary, the counsel for the respondent/state relied on condition no. 5 of the advertisement which provides that a candidate shall not have any right to be appointed and the right of appointment shall be the sole discretion of the employer.The court after hearing the parties noted the fact that the petitioners were indeed selected for the post of Fisheries Inspector and their documents were verified. However, entire process of selection was cancelled to provide reservation to persons suffering from disabilities as provided under Act of 2016.“In the present case, it is not the stand of the Government that there is no further requirement/demand for filling up any vacancy, or that for any other reasons, they are not inclined to make any fresh appointment, but their reason for cancelling the entire selection process is due to non-compliance of the provisions of the Act of 2016, which, in the considered opinion of this court is a curable defect and if cured, would not cause any prejudice to any of the candidates of the reserved class.”, the Court said.The court opined that the respondents could have continued the selection process and issued appointment orders by reserving seats for persons with disabilities under the Act of 2016. The court also said that the respondents could have also issued a separate advertisement for their appointments by reducing the number of seats already advertised. Therefore, the court found no justifiable reason to cancel the entire selection process when the respondents could have issued a fresh advertisement for seats reserved for specially abled candidates.The petition was hence, allowed and the impugned order of cancellation of selection process was set aside with a direction to the respondents to issue appointment orders to the petitioners in accordance with law.Case Title: Ms. Kritika Mandloi And Others Versus The State Of Madhya Pradesh And Others, Writ Petition No. 12082 Of 2024Citation: 2025 LiveLaw (MP) 11Click Here To Read/Download Order

Once Selection Process Culminates Into Document Verification, It Shouldn't Be Cancelled Citing Technical Infirmity: Madhya Pradesh HC

Anukriti Mishra

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