01Facts
The petitioners challenged the selection process for Training Officer posts in Chhattisgarh ITIs pursuant to an advertisement dated 1 September 2010, seeking to quash the process and appointment orders dated 10 January and 2 May 2013.
¶ 1–2They alleged that selected candidates lacked prescribed qualifications or required documents and that the selection involved other irregularities, including non-compliance with the reservation roster.
¶ 1–2The State opposed the petition, submitting that substantially similar complaints had been considered by the Lok Ayog and that consequential action had been initiated.
¶ 3The petitioners also informed the Court that the State had begun an inquiry and disciplinary proceedings concerning alleged irregularities.
¶ 702Issues
i.Whether the alleged irregularities justified quashing the selection process and consequential appointments through a writ under Article 226.
¶ 1–2, 6ii.Whether the Court should issue further directions when the State had already initiated inquiry and related proceedings into the allegations.
¶ 7–903Law Applied
The Court considered its extraordinary jurisdiction under Article 226 of the Constitution and the limits of judicial review.
¶ 6It held that the Court should not presume that a selection process or appointments are unlawful on unsupported allegations, nor undertake a roving or fishing inquiry into individual appointments without an adequate factual foundation; allegations requiring detailed factual examination call for an appropriate fact-finding inquiry.
¶ 6No specific precedent or particular recruitment-rule provision was cited in the order.
04Reasoning
The allegations concerned numerous appointments and raised factual questions about candidates’ qualifications, documents and reservation-roster compliance. The Court considered that determining those matters would require detailed fact-finding, which it could not undertake through a roving inquiry under Article 226 in the absence of an appropriate factual foundation.
¶ 6Given the State’s stated inquiry and proceedings, and the prior directions requiring an appropriate inquiry before interfering with confirmed appointments, the Court found no basis for further directions at that stage.
¶ 7–9It clarified that its decision did not amount to a clean chit for any officer or candidate allegedly involved.
¶ 805Holding
The Court did not grant the requested relief to quash the selection process or appointments and disposed of the petition without issuing further directions at that stage.
¶ 8, 11It reserved the petitioners’ liberty to challenge any subsequent action or decision of the competent authority before the appropriate forum, in accordance with law.
¶ 10Original Court PDF
PUSHPINDER SINGHvsSTATE OF CHHATTISGARH
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