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Judgment
SANDEEP MOUDGIL, J (ORAL)
The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of writ in the nature of Certiorari quashing the order dated 03.07.2023 (Annexure P-8) vide which the post advertised by respondent no.3 for various posts including the post of Technical Assistant were declared as cancelled illegally without any reason against the settled provisions of law. Further, to issue writ in the nature of Mandamus for directing the Respondents to proceed with the advertisement issued (Annexure P-4) and appoint the petitioner for the post of Technical Assistant as per merit.
Learned counsel for the petitioner submits that the petitioner is a brilliant student who had passed matriculation in the year 2016 with good marks, completed his diploma in branch Civil Engineer and gained work experience with M/s Duggal Construction. It is contended by the counsel for the petitioner that respondent no.3 has advertised for the posts under the MGNREGA guarantee scheme for one year including the post of Technical Assistant for which he was fully eligible and applied for the same post. It is further contended that under the direction of Respondent no.3, S. Beant Singh University, Gurdaspur had conducted the written test on 28.05.2023 wherein he scored 25.75 marks and thereafter was called for interview on 04.07.2023 but the New Additional Deputy Commissioner, Ravinder Pal Singh in connivance with minister Lal Jit Singh canceled the recruitment without giving any reason in order to adjust candidates of his own choice on 03.07.2023(Annexure P-8).
It is vehemently argued that Respondent no.3 has cancelled the recruitment without giving any reason which is against the principles of natural justice while relying upon judgment of the Supreme Court in “Dinesh Kumar Kashyap and others vs. South East Central Railway and others, 2019 AIR SCC 24” wherein it has been observed that the respondents cannot act arbitrarily.
Notice of motion issued on 22.11.2023 and reply of Respondents No.1-3 taken on record.
Per contra, learned State counsel at the very outset submits that the recruitment process in question was cancelled on 03.07.2023 vide letter no. 12584 passed by respondent No.3 (Annexure R-1) after receiving objections with regard to examination centre which was not in compliance with the Rules as prescribed by the State Government.
It is further submitted that as per the letter No.20/02/2006 - IRD/9771-90 dated 02.12.2009 and letter no 20/02/2006 - IRD/NREGA/320-421 dated 11.01.2021 has issued instructions that if the application for the said post was received, 20 in number or more than 20, then the written test will be conducted, after the division of Districts as mentioned in the instructions issued by Punjab Govt. i.e 1.Amritsar; 2.Tarn Taran; 3.Gurdaspur; 4.Pathankot; 5.Kapurthala, wherein the tests were to be conducted only by the Guru Nanak Dev University, Amritsar and Punjab Technical University, Kapurthala whereas the test for the recruitment of the said post in question was conducted at Sardar Beant Singh University, Gurdaspur.(Annexure R-2).
It is urged that after receiving objections, the respondent-department in order to give fair opportunity to all the candidates, decided to cancel the recruitment process thereby no arbitrariness exists in cancelling the recruitment process.
Heard counsel for the parties at length.
It is the case of the petitioner wherein he had applied for the post of Technical Assistant under MGNREGA and after the process was completed uptil the interview stage, it is alleged that the Respondent-Department arbitrarily cancelled the recruitment process thereby violating Article 14 of the Constitution of India.
It is a settled principle of law that no candidate, who is competing, can approach a Court to seek a direction that the selection process should be taken to the logical end. The ratio stands discussed in “Employees State Insurance Corporation & Anr. Vs Dr. Vinay Kumar & ors, in Civil Appeal No. 4150 of 2022” and the relevant extract is reproduced herein below:-
“6.The learned counsel has drawn the attention of this court towards the Employees State Insurance Corporation (Medical Teaching Faculty Post) Recruitment Regulations, 2015 and his contention is that, as per the Schedule appended to the Recruitment Rules, the Department can resort to direct recruitment only if the post cannot be filled by promotion. The learned counsel for ESI Corporation has vehemently argued before this court that Dr. Kamala has been promoted by order dated 12.03.2018 with effect from 19.04.2017 and therefore, no vacant post was available. The learned counsel has also categorically stated that promotion of Dr. Kamala was on account of Office Memorandum issued by Government of India, Ministry of Health and Family Welfare, CHS Division, dated 29th October, 2008, thereby she was given promotion under the scheme of Extension of Dynamic Assured Career Progression(DACP). This court has carefully gone through the DACP Scheme. Paragraph 3 of the aforesaid Scheme reads as under:
“3.The above mentioned promotions under DACP Scheme will be made by this Ministry without linkage to vacancies. Other conditions for effecting promotions will be governed by the respective Recruitment Rules as amended from time to time and Department of Personnel and Training’s instructions in this regard.”
The court is of the considered view that the respondent-department has stated a valid reason for cancellation of the recruitment process of the Technical Assistant wherein the sponsored scheme stands abolished by the respondent-department therefore, no iota of truth exists in stating that the same act is arbitrary and illegal in nature. Once, the justification has been given for an action, which action was within the jurisdiction of the State, no interference is called for by the Court in the said decision taken.
In the aforesaid terms, finding no merit in the instant petition, the same stands dismissed.
Pending applications, if any, stands disposed of.