RAMJIT SINGH KARDAM & ORS. versus SANJEEV KUMAR & ORS.

RAMJIT SINGH KARDAM & ORS. versus SANJEEV KUMAR & ORS.

The selection dated 10.04.2010 was vitiated because the Haryana Staff Selection Commission, and specifically its Chairman acting without lawful delegation, arbitrarily changed the notified selection criteria (including cancelling the written examination) without adequate reasons, thereby diluting merit; because the operative criteria was not available to candidates until publication of the result, they were not estopped from challenging the process; the appropriate remedy is to quash the select list and resume the recruitment process from the stage where the arbitrary change occurred by holding the objective written test and viva voce as per the criteria notified on 28.12.2006, allowing...

Parties
Appellants: Ramjit Singh Kardam & Ors.; Respondents: Sanjeev Kumar & Ors.
Jurisdiction
India
Judgment Date
08 April 2020
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals disposed; High Court judgments upholding quashing of the selection were affirmed subject to modification directing completion of the selection process as per original notified criteria
Legal Topics
Selection Process, Estoppel, Malice in Law, Recruitment Criteria, Haryana Staff Selection Commission
Service Law Administrative Law Constitutional Law Selection Process Estoppel Malice in Law Recruitment Criteria Haryana Staff Selection Commission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Ramjit Singh Kardam & Ors.

Appellants

Sanjeev Kumar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether candidates who participated in selection are estopped from challenging it
  2. 2 Whether candidates could challenge selection criteria announced only with result
  3. 3 Whether cancellation of written exam and subsequent changes to shortlisting/interview criteria were arbitrary and downgraded merit

Ratio Decidendi

The selection dated 10.04.2010 was vitiated because the Haryana Staff Selection Commission, and specifically its Chairman acting without lawful delegation, arbitrarily changed the notified selection criteria (including cancelling the written examination) without adequate reasons, thereby diluting merit; because the operative criteria was not available to candidates until publication of the result, they were not estopped from challenging the process; the appropriate remedy is to quash the select list and resume the recruitment process from the stage where the arbitrary change occurred by holding the objective written test and viva voce as per the criteria notified on 28.12.2006, allowing...

Court Disposition

Appeals disposed; High Court judgments upholding quashing of the selection were affirmed subject to modification directing completion of the selection process as per original notified criteria

Orders

  • Selection list dated 10.04.2010 quashed.
  • Haryana Staff Selection Commission shall conclude the selection process initiated by Advertisement No.6 of 2006 as per criterion notified on 28.12.2006 by holding an objective written test of 200 marks and viva voce of 25 marks and permit all applicants who applied in response to the advertisement, including those...