Excelsior Correspondent
Srinagar, Nov 11: The High Court today said that a candidate participating in a selection process has no right to ask the authorities for the conclusion of the selection process to its logical conclusion and debarring the institution from issuing the fresh advertisement notice.
It has been recorded by Justice Sanjay Dhar while dismissing the petition challenging the advertisement issued by the National Institute of Technology (NIT) Srinagar last year whereby applications have been invited from eligible candidates for recruitment to certain non-teaching posts including the post of Assistant Librarian.
It is according to the petitioner-candidate Huzafullah Mir that he had participated in the selection process for the post of Assistant Librarian that was initiated by the respondent-NIT pursuant to their earlier advertisement notice 14.06.2018.
His case before the court was that after qualifying the written test, he along with five more candidates was shortlisted for interview which was scheduled to be held on 23.05.2019 and the respondents even after completing the selection process did not issue final select list which compelled the petitioner to file a representation dated 10.12.2019 but no action was taken by respondents on his representation. Ultimately the respondents instead of issuing the final select list, issued the fresh advertisement notice whereby the post of Assistant Librarian has been re-advertised.
Justice Dhar while dismissing the plea to quash the fresh advertisement notice said merely because a candidate has participated in the selection process pursuant to an advertisement notice, does not give him an indefeasible right to seek a direction that selection process should be taken to its logical conclusion and that the institution issuing the advertisement notice is debarred from abandoning the process of selection.
“Of course, once a selection process is taken forward and the interview of the candidates is also conducted, the action of the concerned institution in abandoning the selection process and re-advertising the post must be tested on the touchstone of reasonableness and the same should not be actuated by any malafides”, Justice Dhar said.
Court said, the advertisement notice does not confer any right on a candidate who responds to the notice, to be considered for advertised post, to ask for finalization of the selection process or a right to oppose withdrawal of the post advertised or to resist the abandonment of the selection process.
Referring to the Supreme Court on the issue, Justice Dhar said that even if the name of a candidate finds place in the select list, it does not give indefeasible right to appointment and it is always open to the Government not to fill up the vacancies.
Court with regard to earlier advertisement notice in which Registrar of the Institute was not a member said, the Registrar as per the statute is a necessary component of the Selection Committee for Senior Administrative and other comparable posts which includes the post of Assistant Librarian and he was not a member of the Committee which undertook the selection process pursuant to advertisement notice of 2018.
Court has held the constitution of the Selection Committee for earlier advertisement notification was defective and carrying forward the selection process which was conducted by an incompetent selection body would have landed the respondent Institute into multiple litigations and the whole process of selection would have been rendered illegal and liable to be set aside.
“Thus, action of respondents-NIT whereby they abandoned the selection process and re-advertised the post is reasonable and justified. The petitioner merely by appearing in the interview did not get any enforceable legal right to selection and consequent appointment. The contention of petitioner is, therefore, without any substance and deserves to be rejected”, read the judgment.
The advertisement notice, court added, does not confer any right on a candidate who responds to the notice, to be considered for advertised post and to ask for finalization of the selection process or a right to oppose withdrawal of the post advertised or to resist the abandonment of the selection process.
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