Advertisement for recruitment

Respondent challenged appointment orders by way of writ petition on the ground that the same were issued without advertisement and adhering to rules on the subject matter

High Court through impugned judgment accepted the writ petition and issued the direction for re-advertisement of the posts

Validity

Department had initially changed the cadre of the posts of Head Constable (BPS-5) to Junior Clerk (BPS-7) in derogation of the departmental service rules and thereafter issued the appointment orders of the appellants without adopting prescribed procedure for appointment

Posts of Junior Clerk (BPS-7) were liable to be filled in through initial recruitment and no other mode was provided, hence it was binding obligation of the department to advertise the posts for initial recruitment and fill in the same as per law

Appeal was dismissed.

Petitioners impugned advertisement whereby the condition of professional qualifications qua appointment against teaching cadre posts was done away with and instead an in-service training in the relevant subject was held to be mandatory for the incumbents

Participation of petitioners in the impugned process of selection amounted to acquiescence on their part debarring them to approach the High Court through constitutional petition

No case for the issuance of the writ asked for was made out

Constitutional petition was dismissed.

Advertisement in relation to filling up of vacancies was a promise stating all rules which the authority undertook to observe in consideration for giving employment to the most suitable candidate

No deviation should take place from the advertisement and if at all any deviation was necessary in order to overcome some shortfall/legal lacunas then such changes should have been advertised in the same manner as original advertisement and also to be notified to each and every applicant if process of filling up the posts commenced in the meanwhile

Authorities did not exercise its authority for appointment in just, fair and transparent manner, thus transgressing and breaching trust vested in it

Criteria for short - listing candidates was contrary to terms and conditions of the advertisement and the same was declared illegal and without lawful authority

High Court declared consequent appointments as illegal, void and the same were set aside and authorities were directed to prepare fresh list of eligible candidates

Constitutional petition was allowed accordingly.