Case Note & Summary
The petitioners, four candidates who were selected for the posts of Lower Division Clerks (LDCs) in the Directorate of Higher Education, Goa, challenged the decision of the Education Minister to scrap the entire selection process. The selection process had commenced pursuant to an advertisement dated 19.02.2015 for 11 LDC posts. The petitioners and other candidates applied, appeared for a written examination on 23.08.2016, and were subsequently selected. However, by a noting dated 21.06.2017, the Education Minister scrapped the entire selection process without any prior notice or hearing to the selected candidates. The petitioners filed a writ petition before the Bombay High Court at Goa, contending that the decision was arbitrary, malafide, and violative of principles of natural justice. The respondents, the State of Goa and the Director of Higher Education, defended the decision, arguing that the Minister had the authority to scrap the process. The court, after hearing both sides, held that the decision to scrap the selection process without affording any opportunity of hearing to the petitioners was arbitrary and violative of natural justice. The court noted that the petitioners had a legitimate expectation that their selection would be finalized, and the Minister's action was taken without any valid justification. Consequently, the court quashed the impugned decision and directed the respondents to complete the selection process based on the already conducted examination and selection, and issue appointment orders to the petitioners within a period of eight weeks.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Scrapping of Selection Process - The Education Minister's decision to scrap the entire selection process for LDC posts without affording any hearing to the selected candidates was held to be arbitrary and violative of principles of natural justice. The court held that such a decision, which adversely affects the rights of candidates who have already undergone selection, cannot be taken without giving them an opportunity of being heard. (Paras 3-10) B) Service Law - Selection Process - Scrapping of Selection - The court examined the validity of the decision to scrap the selection process for 11 LDC posts advertised on 19.02.2015. The petitioners had participated in the written examination held on 23.08.2016 and were selected. The Minister's noting dated 21.06.2017 scrapped the entire process without any valid reason. The court found the decision to be arbitrary and set it aside. (Paras 3-10)
Issue of Consideration
Whether the decision of the Education Minister to scrap the entire selection process for LDC posts, commenced in 2015, was arbitrary and violative of principles of natural justice.
Final Decision
The court quashed the impugned decision of the Education Minister dated 21.06.2017 and directed the respondents to complete the selection process based on the already conducted examination and selection, and issue appointment orders to the petitioners within eight weeks.
Law Points
- Natural Justice
- Audi Alteram Partem
- Arbitrariness
- Judicial Review of Administrative Decisions
- Selection Process Scrapping
