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.