Hemant Kumar Dhruw v. India Infrastructure Finance Company Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 5843 OF 2018 Hemant Kumar Dhruw S/o Shri Ramesh Kumar Dhruw Aged About 30 Years R/o Katoratalab, Tahsil Raipur, District Raipur Chhattisgarh.

...Petitioner(s)

Versus

India Infrastructure Finance Company Limited New Delhi. ... Respondent(s) For Petitioner :

Shri GVK Rao, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.09.2018

1. The challenge in this petition is to the order (Annexure P/1) whereby from the advertisement (Annexure P/2), the respondents have cancelled the appointment process so far as filling up of the one post i.e. post of Assistant Manager, Grade-A.

2. The only ground of challenge is that the respondents have not assigned any reasons before cancelling the said recruitment process where the petitioner also had applied for the said post.

3. The law so far as said situation is concerned, is by now well settled that it is always within the domain of the respondents/employer to cancel a recruitment process at any moment before it has been finalized. Unless the recruitment process is crystallized or finalized by issuing an order of appointment, the candidates who have applied do not have any indefeasible right for the post advertised.

4. Perusal of record shows that the advertisement were issued for filling up of different posts and vide Annexure P/1 the respondents

have only thought it fit for cancelling only one of the post advertised and which could be in the administrative exigency. The petitioner as such cannot question the authority of the respondents in deciding not to proceed further with the advertisement so far as the post of Assistant Manager, Grade-A is concerned.

5. Given the aforesaid facts and circumstances of the case, this court does not find any strong case made out by the petitioner calling for an interference with the impugned order of cancellation of recruitment process on the post of Assistant anager, Grade-A.

6. The petition thus being devoid of merit deserves to be and accordingly stands dismissed.

Sd/- (P. Sam Koshy) Judge inder