IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6269 of 2011
1. Prem Ranjan
2. Ashish Kumar Singh
3. Mukesh Mahto
4. Nand Kishor Prasad
5. Raj Kishore Pandey ... ....Petitioners
Vs.
1. The State of Jharkhand
2. Jharkhand High Court, through its Registrar General
3. The Registrar Vigilance, Jharkhand High Court
4. The District and Sessions Judge, Civil Court, Bokaro
5. The Judge-In-Charge ( Admn) Civil Court, Bokaro
....Respondents
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioners: Mr.Anil Kumar
Mr. Satish Kumar Keshri
For the Respondents: Mr. A.G.
2/14.11.2011
: This application has been filed for quashing Annexures-7
and 8, whereby examination held in the month of February, 2011 for
appointment on the post of Class-III employee from amongst the
eligible candidates of Class-IV employees has been scrapped and
notice ( Annexure-8) has been issued for fresh examination.
It is submitted that the petitioners appeared in the
examination held in the month of February 2011 and they have been
declared successful. It is further submitted that thereafter entire
matter sent to the High Court, in its administrative side, for approval.
It is further stated that the High Court vide Annexure- 5 directed
District and Sessions Judge, Bokaro to proceed in accordance with law.
It is then submitted that High Court suddenly by Annexure- 6 directed
the District Judge to scrap the entire selection process. Accordingly
vide Annexure- 7 the said examination was scrapped and fresh notice
was issued vide Annexure-8.
It is submitted by Sri Anil Kumar, learned counsel for the
petitioners that once the petitioners have been selected then a right
accrued in them, therefore without assigning any reason the process
of examination can not be scrapped. It is then submitted that since the
petitioners are eligible and the post is vacant, therefore they are
entitled to be appointed on the said post.
It is well settled that only because an advertisement was
made and candidates were invited to appear in the selection process,
it does not give any legal right to the candidates to the said post. It is
equally well settled that even if the candidates selected and the post is
still remain vacant the candidates have no right to be appointed on the
said post.
-2-
It is open for the employer to scrap the selection process
at any stage. However, it is required to be seen that by doing so no
discrimination would have caused to the candidates who appeared in
the examination. Reference in this regard may be made to a decision
of Constitution Bench of Hon’ble Supreme Court reported in
1991(3)SCC 47. In the instant case petitioners have not alleged
discrimination and/or arbitrariness on the part of High Court or District
Judge, Bokaro.
In view of the aforesaid facts and circumstance, I find that
the petitioners have no right to challenge the discretionary power of
the High Court as well as of the District Judge. Thus, I find no merit in
this application. Accordingly, the same is dismissed.
( Prashant Kumar,J.)
Sharda/-
