RANCHI: In a significant decision, the Jharkhand High Court has set aside the state government's decision to cancel the recruitment process conducted under the Combined Civil Services Examination of the Jharkhand Staff Selection Commission (JSSC-CGL).
The Court of Justice Deepak Roshan has ordered the reinstatement of the candidates selected under advertisement number 10/2023, directing that their service be treated as continuous, without any interruption.
Furthermore, it has been clarified that the candidates shall not be deprived of any monetary or other service-related benefits due to the notification that had cancelled the recruitment.
The court had reserved its verdict on October 8, following arguments from both sides. The petitioners argued that the government’s order to cancel the JSSC-CGL examination violated the principles of natural justice.
The government, meanwhile, maintained that the decision to cancel the exam was taken to uphold the integrity of the institution and in the best interest of the students.
“The court pronounced its judgment in open court and quashed the state government's decision to cancel the recruitment process conducted under the JSSC-CGL,” said advocate Amritansh Vats, appearing for the petitioners.
The Court, in its judgment, stated that cancelling the entire recruitment process based on an incomplete investigation is not justified. The state government failed to present any concrete, fact-based inquiry or evidence to prove that the entire selection process was marred by systemic irregularities.
The appointments of all selected candidates cannot be terminated merely because allegations exist or investigations are pending against a few individuals. The court observed that only after the investigation is concluded can it be determined whether the candidates involved in the irregularities can be identified and whether the innocent candidates can be separated from them.
Consequently, the decision to cancel the entire recruitment process without completing this due process does not stand up to legal scrutiny. The court further noted that disregarding the principles of natural justice is not a standard practice, but rather an exception.
The state government is required to justify why it was necessary to take action without providing the candidates an opportunity to be heard; however, in this case, the government failed to provide any such valid justification.
This decision has brought significant relief to approximately 2,300 selected candidates.
Earlier, the state government had issued a notification to cancel the CGL examination process and the appointments of the successful candidates, citing a CID investigation report and widespread student protests.
Challenging this government decision, successful candidate Akash Gaurav and others filed petitions in the High Court. The petitioners termed the government’s decision unjust and sought its annulment.
Representing the petitioners, their counsel argued that cancelling the entire examination and recruitment process based on alleged irregularities was unjustified.
During the investigation, the government had identified approximately 465 suspicious candidates and issued notices to them. This makes it clear that investigative agencies are capable of distinguishing between suspicious candidates and those who passed the examination fairly.
Counsel for the candidates also argued that while action should certainly be taken against those who were engaged in malpractice, the consequences of a few individuals' alleged wrongdoing cannot be visited upon those who passed the examination through their own hard work and merit.
"Cancelling the entire examination and the subsequent appointments—in the absence of concrete evidence—would constitute an injustice to thousands of innocent candidates," they said.
