Case Note & Summary
The Supreme Court dismissed appeals by successful candidates challenging the cancellation of the Junior Engineer recruitment process in Bihar. The recruitment was initiated via Advertisement No. 01/2019 for 6,379 vacancies. The eligibility criteria under Rule 9(1)(ii) of the Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules, 2017 required a diploma from an AICTE-approved institution. Candidates with diplomas from private universities not approved by AICTE challenged the rule as ultra vires, relying on Bharathidasan University v. AICTE. The High Court had earlier allowed the process to continue subject to outcome of petitions. In January 2023, the State decided to cancel the entire recruitment due to legal complications and errors in rules. The High Court disposed of the writ petitions as infructuous. The Supreme Court held that the State's decision was a valid policy choice, not arbitrary, and that successful candidates had no vested right to appointment. The appeals were dismissed, upholding the cancellation.
Headnote
A) Service Law - Recruitment Process - Cancellation of Recruitment - The State Government's decision to cancel the recruitment process for Junior Engineer posts due to legal wrangles and errors in rules was upheld as a valid exercise of executive power, not arbitrary or mala fide. The High Court's disposal of writ petitions was affirmed, and the appeals by successful candidates were dismissed. (Paras 1-19)
B) Constitutional Law - Ultra Vires - Rule 9(1)(ii) of Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules, 2017 - The challenge to the vires of the rule prescribing technical qualification eligibility was rendered infructuous by the cancellation of the recruitment process. The court did not adjudicate on the validity of the rule. (Paras 2-12)
C) Administrative Law - Legitimate Expectation - Cancellation of Recruitment Process - Successful candidates cannot claim a vested right to appointment until the process is completed and appointments are made. The State's decision to cancel was based on policy considerations and was not subject to judicial interference. (Paras 13-19)
Issue of Consideration
Whether the High Court was justified in disposing of the writ petitions challenging Rule 9(1)(ii) of the Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules, 2017, and whether the State's decision to cancel the entire recruitment process was valid.
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's order and the State's decision to cancel the recruitment process. No order as to costs.
Law Points
- Recruitment process cancellation
- Executive power
- Legitimate expectation
- Judicial review of administrative decisions
- Ultra vires rule challenge
Case Details
2024 LawText (SC) (10) 317
Civil Appeal No. of 2024 (Arising out of SLP (Civil) No. 7257 of 2023) and connected matters
Satish Chandra Sharma, J.
Shashi Bhushan Prasad Singh
The State of Bihar and Others
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Nature of Litigation
Civil appeals against High Court order disposing of writ petitions challenging recruitment rules and upholding cancellation of recruitment process.
Remedy Sought
Appellants (successful candidates) sought to set aside the High Court order and quash the State's decision to cancel the recruitment process.
Filing Reason
The State of Bihar cancelled the entire recruitment process for Junior Engineer posts due to legal wrangles and errors in rules, affecting the appellants who were selected.
Previous Decisions
High Court disposed of writ petitions as infructuous after State decided to cancel recruitment; earlier interim orders allowed process to continue subject to outcome.
Issues
Whether the High Court was justified in disposing of the writ petitions challenging Rule 9(1)(ii) of the Recruitment Rules.
Whether the State's decision to cancel the entire recruitment process was arbitrary and liable to be set aside.
Submissions/Arguments
Appellants argued that the cancellation was arbitrary and mala fide, and that they had a legitimate expectation of appointment.
Respondents (State) argued that the decision was a valid policy choice to rectify errors and avoid further litigation.
Ratio Decidendi
The State's decision to cancel a recruitment process due to legal complications and errors in rules is a valid exercise of executive power and not subject to judicial interference unless arbitrary or mala fide. Successful candidates have no vested right to appointment until the process is completed and appointments are made.
Judgment Excerpts
Leave Granted.
The present batch of appeals arise out of judgement dated 16.02.2023, passed by the High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 3411/2022...
The appellants before this Court are the successful candidates in the said Recruitment Process.
The private Respondents in the present appeal were the Writ Petitioners before the High Court.
The stand of the Writ Petitioners was reinforced by the AICTE before the High Court...
The High Court allowed the selection process to be completed but directed that all orders of appointments must state that appointments are subject to the outcome of the writ petitions...
The State Government has taken a decision to cancel the process of recruitment...
The proposed action of the State respondents reads as under...
In view of the legal wrangle crept in presently, the Recruitment process... be cancelled.
The appeals are dismissed. No order as to costs.
Procedural History
The recruitment process began with Advertisement No. 01/2019 on 08.03.2019. Writ petitions were filed challenging Rule 9(1)(ii) of the Recruitment Rules. The High Court allowed the process to continue subject to outcome. On 25.01.2023, the State decided to cancel the recruitment. The High Court disposed of the writ petitions as infructuous on 16.02.2023. The successful candidates appealed to the Supreme Court, which dismissed the appeals on 04.10.2024.
Acts & Sections
- Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules, 2017: Rule 9(1)(ii), Rule 9(1)(iii), Rule 4(A)
- All-India Council of Technical Education Act, 1987:
- Constitution of India:
