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

Government has appointed some engineers without publishing advertisement

Estimated 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.

Latest Advice

Exam has not been conducted on OMR sheet

The exam has not been conducted on an OMR sheet. I am working at CLW/Chittaranjan under the ministry of Railways as a Technician. This month I appeared in a promotional exam of Inter stage J.E. (LDCE). I was shocked in the exam hall to see the answer sheets, which...

Tenant has promised to clear the dues shortly

I rented my house in March 2021 through a rental agreement. Police verification was done at that time but I couldn't collect the same because of being out of Station due to Corona. Now the man of property dealer who had dealt with this case has all of sudden left the...

Ex-employee started business with employer’s clients

My employee started his own business without my consent and he converted my business to his firm. He used all my clients data and relations he built up as my employee for his personal benefit. While he is doing so, he enjoys all benefits like salary allowance. Can I...

Tenant has not been paying rent – Eviction of tenant

My tenant has not been paying rent since November 2019. I am a 68 year old person from Visakhapatnam. I gave my shop on rent to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also....

Tenant owns a house in the same city: Eviction of tenant

Question: Our father had purchased three houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it....

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.