Court Directs Appointment of Petitioners, Citing Unjust Termination of Advanced Recruitment Process
In a significant ruling, the Jammu and Kashmir High Court set aside the cancellation of the recruitment process for Gramin Dak Sevaks, deeming it an arbitrary exercise of power. The Division Bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, delivered the judgment on February 19, 2026, addressing the grievances of appellants Altaf Hussain and another, who had challenged the arbitrary cessation of their recruitment process for the positions of Gramin Dak Sevak.
The appellants, who appeared in person, had applied for the posts under Advertisement Notification No. Ed/715/GNR dated February 10, 2016, and were at an advanced stage in the selection process. However, the process was abruptly canceled based on a proposal for transitioning to an online selection method, without any completion of the ongoing manual recruitment.
The court highlighted the principle of legitimate expectation, emphasizing that candidates whose selection process is at an advanced stage have a reasonable expectation that the process will be concluded in a fair manner and not abandoned without justifiable reasons. The High Court underscored that the State's power to cancel a recruitment process is not absolute and must be grounded in sound reasons. The Court further stressed that any decision to cancel such a process must not be arbitrary and should align with the principles of fairness and rationality.
Drawing upon precedents from the Supreme Court, the judgment underscored that while candidates do not acquire an indefeasible right to appointment merely by being part of the selection process, the State is obligated to act without arbitrariness. The Court found that the respondents' decision to halt the process due to a proposed shift to an online system, without allegations of irregularities, lacked a rational nexus to the objective of fair recruitment and was legally unsustainable.
The High Court directed the respondents to offer appointments to the appellants against vacant posts of Gramin Dak Sevaks. Specifically, Appellant No. 1 was given the option to choose from four available vacancies, with Appellant No. 2 to be considered for the remaining positions, subject to the completion of requisite formalities.
This judgment serves as a crucial reminder of the judiciary's role in safeguarding candidates' rights against arbitrary administrative decisions, reinforcing the principles of fairness and accountability in public employment processes.
Bottom Line:
Employment Law - Arbitrary cancellation of recruitment process without justifiable reasons is unsustainable in law. Candidates have a legitimate expectation that a nearly-concluded selection process will be completed fairly and not abandoned arbitrarily.
Statutory provision(s): Judicial review principles, Employment Law principles.
Altaf Hussain v. Union of India, (Jammu And Kashmir)(DB) : Law Finder Doc id # 2856072
