Petitioners challenged selection irregularities at Indian Military Academy. Quashing relief dismissed due to pending CBI trial; appointment relief denied; age-limit relaxation directed for future vacancies.
Dismissed; directed Commandant to consider age relaxation for future vacancies.
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WPSS No. 283 of 2012 Hon’ble Manoj K. Tiwari, J.
Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Shubhang Dobhal, Advocate for the petitioners.
Mr. Lalit Sharma, Standing Counsel for Union of India/respondents.
Heard learned counsel for the parties. By means of this writ petition, petitioners have sought the following reliefs:
“ i. To issue a writ, order or direction in the nature of certiorari quashing the entire selection process adopted by the respondents for the selection of candidates to various posts.
ii. To issue a writ, order or direction in the nature of certiorari quashing the final result (Annexure No. 6) published by the respondents.
iii. To issue writ, order or direction in the nature of mandamus, directing the respondents not to given appointment/ joining on the respective posts to the candidates selected in the final examination.”
According to the petitioners, Commandant, Indian Military Academy notified vacancies on various Group ‘C’ & Group ‘D’ posts by issuing various advertisements between September, 2011 to December, 2011. Since petitioners possessed requisite qualification for the advertised posts, therefore, they also responded to the said advertisement and, subsequently, they
also participated in the process of selection. According to the petitioners, they had performed exceedingly well in the written examination; but, their names did not figure in the select list; while, certain candidates, who had not even participated in the written examination, were declared successful. Thus, feeling aggrieved, petitioners approached this Court challenging the entire selection process.
This Court vide order dated 13.02.2019 had directed the learned Standing Counsel for Union of India to seek instructions on certain aspects.
On instructions, Mr. Lalit Sharma, learned Standing Counsel appearing for Union of India submits that, in view of complaints, C.B.I. registered two cases In respect of selection in question and, upon investigation, C.B.I. has filed charge sheet in both the cases and trial is going on in the Court of learned Judicial Magistrate, C.B.I., Dehradun.
Mr. Rajendra Dobhal, learned Senior Counsel for the petitioners submits that the Competent Authority in Indian Military Academy has terminated services of several selected candidates after their appointment, as they were found to be ineligible. Thus, he submits that the Competent Authority may be directed to offer appointment to the petitioners against such vacancies, which have occurred due to termination of unqualified candidates.
I am afraid that such a direction cannot be issued and the vacancies, if any, which arose due to cancellation of appointment given to unqualified candidates, will have to be re-advertised and
such vacancies cannot be supplied on the basis of earlier selection held in the year 2011.
Since the allegations made by the petitioners regarding irregularities in the selection process are being enquired into by Judicial Magistrate, C.B.I., Dehradun, therefore, there is no scope for interference in the writ petition.
Consequently, the writ petition is dismissed. However, having regard to the fact that petitioners have suffered on account of irregularity in the selection process, due to which, some of them have become ineligible for public employment, as they have crossed the upper age limit fixed for appointment under the Central/State Government, therefore, the Commandant, Indian Military Academy is requested to consider grant of relaxation to the petitioners in upper age limit as and when vacancies on Group ‘C’ & Group ‘D’ posts are notified in Indian Military Academy.
(Manoj K. Tiwari, J.) Arpan 15.05.2019
3 issues framed by the court
Whether the High Court can quash the selection process when CBI investigations are pending regarding irregularities.
Whether the High Court can direct appointment of petitioners arising from the termination of unqualified candidates.
Whether petitioners may be granted relaxation of upper age limit due to delays caused by selection irregularities.
N/A
Union of India
Manoj K. Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
