Selection Process Cannot Be Cancelled In Absence Of Valid, Bonafide Reasons: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that while it may be true that the process of selection can be abandoned, yet the same can be done only for valid reasons.

In a recent case, the court set aside the cancellation of a selection process for various government posts, eight years after its initiation, due to the absence of valid reasons. The court emphasized that such decisions cannot be arbitrary and must be based on sound reasoning and evidence.

The order was passed by Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao in a batch of writ petitions filed by the individuals whose appointments for typists, copyists, and personal assistant were cancelled 8 years after the initial notification. The Bench relying upon Neelima Shangla v. State of Haryana & Others, Shankarsan Dash v. Union of India & Others and East Coast Railway and Another v. Mahadev Appa Rao and Others held:

“Law with regard to the rights of candidates who participate in a selection process and may even find their names in the selection list based upon such a selection process is no longer res integra. It is settled that mere participation in the selection process does not give any indefeasible right to a candidate to get appointed and while the authorities have the right to abandon the selection process, yet the same can be done by giving proper reasons and justification and not arbitrarily.”

Background:

In 2011, the District Judge of Guntur initiated a selection process for several posts. The petitioners had undergone tests and interviews and were included in the provisional list. However, in 2019, the High Court cancelled this process without providing any reasons. The petitioners, who had undergone tests and interviews and were included in the provisional list, challenged this cancellation. They argued that the decision was arbitrary, prejudiced their interests, and violated their legitimate expectations.

The court, upon reviewing the records of both the High Court and the District Judge, found no valid reasons for the cancellation. There was no inquiry conducted into any allegations against the selection process, nor was any prima facie view formed before making the decision. The court held that while authorities have the right to cancel a selection process, this right must be exercised for valid reasons and cannot be arbitrary. The lack of any justification for the cancellation led the court to conclude that the decision was arbitrary and thus set aside.

“In our opinion, while it may be true that the process of selection can be abandoned, yet the same can be done only for valid reasons.”

The Court also noted that the cancellation would be unjust to the earlier selected candidates as they might not be eligible anymore to apply for the posts.

Shaik Mahaboob John vs High Court of Andhra Pradesh.

WP .8648 of 2019 &Batch

Counsel for petitioner: Jyothi Eswar Gogineni, Srinivasa Rao Narra & P.V.N. Kiran Kumar

Counsel for respondents: Maheswara Rao Kuncheam, Standing Counsel

Click Here To Read/Download Order