Jharkhand High Court
Administrative and Public LawEmployment and Labour Law

Mere application creates no appointment right, and an unchallenged cancellation order cannot be reviewed.

ISHAK KACHHAP vs THE STATE OF JHARKHAND

Jharkhand High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Mere application creates no appointment right, and an unchallenged cancellation order cannot be reviewed.. ISHAK KACHHAP vs THE STATE OF JHARKHAND. Jharkhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Birsa Agriculture University advertised posts in 2019, and the petitioners applied and participated in the recruitment process.

Source reference: p. 2–4

The University did not publish results, stating that the process had been stopped on directions from the Governor’s Secretariat and that a fresh advertisement was issued in 2023.

Source reference: p. 2–4

The 2023 process was also stopped following a direction from the State Government; the University later stated that the advertisement had been cancelled with effect from 15 June 2023, by an order dated 27 January 2026.

Source reference: p. 3–4, 6

The petitioners sought mandamus for publication of the 2019 results and completion of the 2023 recruitment process.

Source reference: p. 1

They did not challenge the 27 January 2026 cancellation order in this proceeding.

Source reference: p. 7
02

Issues

Whether the petitioners were entitled to mandamus directing publication of the results of the 2019 recruitment process.

Source reference: p. 1–2, 7

Whether the Court could examine the validity of the cancellation of the 2023 advertisement when the petitioners had not challenged the order dated 27 January 2026.

Source reference: p. 6–7
03

Law Applied

Under Shankarsan Das v. Union of India, (1991) 3 SCC 47, selection or participation in a recruitment process does not ordinarily confer an indefeasible right to appointment, and an employer is not legally bound to fill vacancies; however, a decision not to fill vacancies must be bona fide and based on appropriate reasons.

Source reference: p. 5–6

The Court also proceeded on the principle that it could not examine the legality or validity of the cancellation order in the absence of a challenge to that order.

Source reference: p. 7
04

Reasoning

The Court found that no results or select list had been issued and, consequently, the petitioners had acquired no right through the recruitment process.

Source reference: p. 7

Their participation and submission of applications were insufficient, by themselves, to establish entitlement to appointment or to the requested mandamus.

Source reference: p. 7

Because the petitioners had not challenged the order cancelling the 2023 advertisement, the Court declined to examine its validity and could not grant relief premised on that process continuing.

Source reference: p. 7
05

Holding

The Court dismissed the writ petition, holding that the petitioners had shown no accrued right to the relief sought and that the cancellation order was not properly before it for review.

It granted liberty to the petitioners to challenge the order dated 27 January 2026, if so advised; any pending interlocutory application was also disposed of.

Source reference: p. 7
Jharkhand High Court

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ISHAK KACHHAPvsTHE STATE OF JHARKHAND

Jharkhand High Court · October 05, 2026

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