1996 (9) TMI 654 - SC - Indian Laws

Supreme Court upholds cancellation of Ticket Collectors' recruitment list, emphasizes fair process

The Supreme Court affirmed the decision of the Central Administrative Tribunal upholding the cancellation of a select list for recruitment of Ticket ... - Issues:Challenge to cancellation of select list for recruitment to Group 'C' posts due to malpractice.Analysis:The case involves a challenge to the cancellation of a select list for the recruitment of Ticket Collectors in Lucknow Division due to malpractice in the examination process. The Central Administrative Tribunal upheld the cancellation, leading to the special leave petition before the Supreme Court.The first contention raised was regarding the authority of the Divisional Manager to cancel the select list, as opposed to the General Manager. The Court found that the Divisional Manager could be authorized by the General Manager to perform such functions, thus validating the cancellation. The absence of reasons in the order was also challenged, citing the necessity for orders to contain grounds or reasons, as established in previous judgments. The Court emphasized the importance of public orders made in exercise of statutory power to include reasons for the actions taken.Another argument presented was the legitimate expectation of selected candidates for appointment, despite not having a vested right. The Court referenced a previous judgment to clarify that candidates do not have a legitimate expectation until they are appointed according to the rules. In this case, the cancellation was deemed necessary based on a report by the investigating agency, justifying the decision to conduct a fair examination process.Ultimately, the Court dismissed the special leave petition, affirming the decision of the Tribunal to uphold the cancellation of the select list.