Home | Legal Advice | Civil Law Cases | Government has appointed some engineers without publishing advertisement

Government has appointed some engineers without publishing advertisement

Shivendra Pratap Singh

Advocate

30/09/2021

Reading Time:

The government has appointed some engineers in the irrigation department without publishing the advertisement. It is a grave irregularity because the department did not follow the standard procedure in appointment of candidates in the government job. The ministry of irrigation was involved in the procedure to select the candidates of his own choice. There is gratification and malpractice on the part of the government.

Because of which the government has bypassed the selection procedure. I want to cancel this examination and conduct a fresh examination after publishing an advertisement and accepting application forms. Is it possible to compel the government to conduct a fresh examination? 

Question in: Civil Law

The government is bound to conduct a fair examination for selection of candidates on civil posts. Appointment of candidates without publishing an advertisement is a grave irregularity. It has hampered the entire selection procedure. 

Appointment without publishing advertisement is illegal

In Union Public Service Commission v. Girish Jayanti Lal Vaghela:(2006) 2 SCC 482 the Supreme Court has held that: 

The appointment to any post under the State can only be made after a proper advertisement has been made inviting applications from eligible candidates and holding of selection by a body of experts or a specially constituted committee whose members are fair and impartial through a written examination or interview or some other rational criteria for judging the inter se merit of candidates who have applied in response to the advertisement made. 

A regular appointment to a post under the State or Union cannot be made without issuing advertisement in the prescribed manner which may in some cases include inviting applications from the employment exchange where eligible candidates get their names registered. 

Any regular appointment made on a post under the State or Union without issuing advertisement inviting applications from eligible candidates and without holding a proper selection where all eligible candidates get a fair chance to compete would violate the guarantee enshrined under Article 16 of the Constitution.

Therefore, the entire selection procedure is illegal and liable to be cancelled. You should file a writ petition before the High Court under Article 226 of the Constitution of India for the cancellation of appointment and re-examination after publication of advertisement. 

Selection without publishing advertisement has blocked the eligible candidates from applying for the post. This is against the mandates or Article 16 of the Constitution. Right to equality and equal opportunity in appointment to government posts is a fundamental right. 

In Delhi Development Horticulture Employees’ Union v. Delhi Admn., : AIR 1992 SC 789 the Supreme Court has held that there must be a notice published in the appropriate manner calling for applications and all those who apply in response thereto should be considered fairly.

In the State of M.P. v. Mohd. Abrahim : (2009) 15 SCC 214 again the apex court held that it is mandatory on the part of the employer to invite applications from all eligible candidates.

The High Court will cancel the appointment on the basis of violation of fundamental rights. You should file the writ petition as soon as possible.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

Can the tehsildar issue a succession certificate?

Question: Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father's insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?...

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54