Case Note & Summary
The petitioners, five individuals, were selected by the Central Bank of India pursuant to an advertisement for recruitment. However, the bank decided to discontinue the entire recruitment process after taking note of various materials including stated malpractices. The bank filed an affidavit dated 4.10.2014 on record to this effect. The petitioners filed a writ petition seeking appointment to the posts for which they were selected. The court considered whether the petitioners had a right to appointment based on the doctrine of legitimate expectation. The court noted that the decision of the bank was based on factual aspects that could not be tested in a writ petition. Moreover, the bank had not appointed anyone based on the said advertisement. The court held that the doctrine of legitimate expectation does not apply to compel the employer to appoint the selected candidates when the employer has decided to discontinue the recruitment process due to malpractices. The court dismissed the petition, ruling that the decision of the bank cannot be interfered with at the instance of the petitioners.
Headnote
A) Service Law - Recruitment - Right to Appointment - Doctrine of Legitimate Expectation - Petitioners were selected but not appointed because the respondent bank decided to discontinue the whole recruitment process due to alleged malpractices - The court held that the decision cannot be tested in writ petition as factual aspects need consideration, and the doctrine of legitimate expectation does not apply to compel appointment - Held that the employer's decision to discontinue recruitment process cannot be interfered with at the instance of selected candidates (Paras 2-4).
Issue of Consideration
Whether selected candidates have a right to appointment when the employer discontinues the entire recruitment process due to alleged malpractices, and whether the doctrine of legitimate expectation applies.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Doctrine of legitimate expectation
- Employer's right to discontinue recruitment process
- No right to appointment after selection
- Writ court not to test factual aspects of malpractices
