Case Note & Summary
The petitioners, Prakash Bapurao Hote and Dr. Sanjay Shrikrishna Kulkarni, filed separate writ petitions challenging the cancellation of the selection process for the post of Chief Engineer (Transmission) by the Maharashtra State Electricity Transmission Company Limited (respondent No.2). The selection process was initiated by the company, and the petitioners were candidates. However, by an order dated 2nd January 2010, the company cancelled the selection process without assigning any reasons and without hearing the petitioners. The petitioners contended that the cancellation was arbitrary and violative of principles of natural justice. The court, after hearing the parties, found that the cancellation was not based on any valid ground and that the company had not provided any justification. The court held that the cancellation was arbitrary and directed the respondent company to complete the selection process and consider the petitioners' candidature. The court also noted that the company had not followed the principles of natural justice by not affording an opportunity of hearing to the petitioners before cancelling the process. The petitions were allowed with no order as to costs.
Headnote
A) Service Law - Selection Process - Cancellation - Principles of Natural Justice - The respondent company cancelled the selection process for the post of Chief Engineer (Transmission) without assigning any valid reasons and without affording an opportunity of hearing to the petitioners who were candidates in the process. The court held that such cancellation was arbitrary and violative of natural justice. (Paras 3-5) B) Service Law - Selection Process - Cancellation - Validity - The court found that the cancellation was not based on any valid ground and the respondent company had not provided any justification for the same. The court directed the respondent company to complete the selection process and consider the petitioners' candidature. (Paras 4-5)
Issue of Consideration
Whether the cancellation of the selection process for the post of Chief Engineer (Transmission) by the respondent company was arbitrary and violative of principles of natural justice.
Final Decision
The court allowed both writ petitions, quashed the order dated 2nd January 2010 cancelling the selection process, and directed the respondent company to complete the selection process and consider the petitioners' candidature. No order as to costs.
Law Points
- Principles of natural justice
- Audi alteram partem
- Cancellation of selection process must be for valid reasons and after hearing affected candidates
