Gujarat High Court
Dipendrasingh Ashoksingh Thakur vs Oil And Natural Gas Corporation Limited on 8 December, 2023
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
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C/SCA/3532/2022 JUDGMENT DATED: 08/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3532 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 4437 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 7123 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 7516 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ? YES
2 To be referred to the Reporter or not ?
YES
3 Whether their Lordships wish to see the fair copy
of the judgment ? NO
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution NO
of India or any order made thereunder ?
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DIPENDRASINGH ASHOKSINGH THAKUR
Versus
OIL AND NATURAL GAS CORPORATION LIMITED
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Appearance:
(in SCA No. 3532/2022)
MR VIKAS NAIR with RAJVI PATEL(9620) for the Petitioner(s) No.
1,2,3,4,5,6,7,8
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1,2
(in SCA No. 4437/2022)
MR EKRAMA QURESHIfor the Petitioner(s) No. 1,2,3
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1,2
(in SCA No.7123/2022)
MR ZUBN BHARDA with MS DIXA U PANDYA for the Petitioner(s) No.
1,2
Page 1 of 30
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MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1,2
(in SCA No.7516/2022)
MR EKRAMA QURESHIfor the Petitioner(s) No. 1
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/12/2023
ORAL JUDGMENT
1. Heard learned advocate Mr.Vikas Nair with learned
advocate Ms.Rajvi Patel, learned advocate Mr.Ekrama
Qureshi, learned advocate Mr.Zubin Bharda with learned
advocate Ms.Disha Pandya for the petitioners and learned
advocate Mr.Rituraj Meena on behalf of the respondents.
2. Issue Rule returnable forthwith. Learned advocate
Mr.Meena waives service of rule in all the petitions on
behalf of the respondents.
3. With the consent of parties, the present petitions are taken
up for final hearing.
3.1. At the outset, it would be relevant to mention that
the present petitioners challenge the very self-same
decision of the respondent Corporation whereby the
respondents had cancelled recruitment for paramedical
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posts and hence, all the writ petitions are taken up for
final hearing together.
3.2. The facts of Special Civil Application No.3532/2022
are being referred to for the purpose of the present
decision.
4. The respondent Corporation vide advertisement no.1/2019
had notified recruitment for non-executives on regular
basis for the Western Sector - Gujarat State. While
vacancies for a total of 35 posts had been advertised, the
present petition is concerning the advertisement for
paramedical posts namely Pharmacists Grade-IV,
(Allopathy) Nurse Grade-IV and Junior Health Attendant,
where a total of 21 posts altogether had been advertised.
4.1. The petitioners had applied for the selection
process and whereas alongwith other aspirants, the
petitioners were required to appear in the Computer
Based Test (CBT) examination based upon the results of
which the final merit list for qualified candidates was
prepared. The petitioners whose names reflected in the
final merit list were called for physical verification of
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documents in the month of January, 2020.
4.2. At this stage it requires mention that initially
candidatures of some of the petitioners had been
rejected on the ground of not possessing a domicile
certificate. It appears that such rejection had not been
restricted to the posts in question and whereas many of
the candidates had approached this Court by filing writ
petitions and whereas vide common judgment dated
27.02.2020, a learned Coordinate Bench of this Court
had inter alia allowed the petition setting aside the
action of the respondent Corporation in disqualifying
the candidates. The Court had also directed that the
petitioners in that group of petitions whose names
figured in the final merit list were to be provided with
all consequential benefits and whereas the exercise was
directed to be completed within a period of twelve
weeks. It appears that the respondent Corporation had
sought for extension on a few occasions and whereas,
the exercise was finally directed to be completed by
15.11.2020.
4.3. It appears that since no progress was taking place
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insofar as the present posts, applications had been
made by the petitioners and other similarly situated
persons and whereas it was intimated that the process
was pending due to administrative reasons. It appears
that since the respondents were not complying with the
directions of the learned Coordinate Bench of
completing the process, therefore, the petitioners had
preferred an application for direction being Misc.
Application No.01/2021. It appears that during
pendency of the said MCA, the respondent Corporation
had issued an order of cancellation of recruitment for
paramedical posts dated 01.02.2022 and whereas, upon
the said decision being informed to the learned
Coordinate Bench, the learned Coordinate Bench had
disposed of the said MCA with liberty reserved to the
petitioners to question the impugned decision, while
refusing grant of any relief in the said MCA. The
cancellation order dated 01.02.2022 is sought to be
challenged by the petitioners before this Court.
5. Learned advocates for the petitioners would challenge the
impugned decision by submitting that the decision in
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question is completely arbitrary inasmuch as after having
advertised vacancies for the posts in question and having
conducted the recruitment process till the stage of
document verification, the respondents were not justified in
canceling the recruitment for the posts in question.
5.1. Learned advocates for the petitioners would
submit that the respondents in their reply and
additional reply would try to justify the decision by
stating that in view of the Covid-19 pandemic situation,
since the ONGC decided to review non-core activities,
which had resulted in cancellation of the recruitment
process, yet, the truth is otherwise. Learned advocates
would submit that at around the same time when the
petitioners were called for document verification in the
month of January, 2020, some of the Recognized Unions
with the ONGC had raised certain issues with regard to
paramedics on contractual basis working with the
respondent ONGC and had requested for withholding of
the recruitment process insofar as the paramedic posts
were concerned. It is submitted by learned advocates
that the recruitment process had been initially put on
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hold and later cancelled on account of the
representation by the Recognized Unions and not on
account of any review on account of Covid-19 Pandemic
as attempted to be portrayed.
5.2. Learned advocates would further submit that the
issue has to be appreciated in the context of the fact
that the posts on which the recruitment process had
been conducted i.e. with regard to paramedics were
occupied by persons appointed on contractual basis and
the Unions were espousing the cause of such persons.
It is further submitted that as such, the persons working
in contractual basis had approached this Court praying
for regularization which request had been rejected.
Learned advocates would submit that inspite of the
same, after having advertised the posts in question and
after having conducted the selection process till the
stage of document verification, the respondents have
cancelled the recruitment under pressure of the Unions
so as to ensure that the persons who are occupying the
posts though on contractual basis, are permitted to be
continued.
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5.3. It is further submitted by learned advocates that
on one hand while it is attempted to be stated by the
ONGC that since the ONGC is reviewing its non-core
activities inter alia resulting in cancellation of the
selection process for the posts in question, yet, on the
other hand the respondent ONGC has continued to keep
the posts filled in albeit by continuing the candidates on
contractual basis. A reply received to an application
under the RTI dated 18.11.2021 is being relied upon by
learned advocates. It is further submitted by the
petitioners that while the respondents appear to be
relying upon cancellation of similar recruitment process
by the ONGC in other States, yet, at the same time it
would also appear that the ONGC had also given
appointment to persons in the post of pharmacists in the
Mumbai Asset, after the present stand had been taken
and hence, it clearly appears that the respondents are
adopting a pick and choose method. Thus submitting,
learned advocates for the petitioners would request that
this Court may interfere.
5.4. Learned advocates would in support of their
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submissions rely upon decisions of the Hon'ble Apex
Court in case of Shankarsan Dash vs. Union of India
reported in (1991) 3 SCC 47 and decision in case of
State of Manipur vs. Takhelmayum Kheledro
Meitei and others reported in (2019) 3 SCC 331.
Relying upon the said decision, learned advocates for
the petitioners would request this Court to set aside the
decision of the respondents in canceling the recruitment
process for the posts in question and further request
this Court to direct the respondents to continue the
selection process from the stage it had been put on
hold/cancelled.
6. On behalf of the respondents. these petitions are
vehemently objected to by learned advocate Mr.Meena who
at the outset would submit that the present petition itself is
misconceived more particularly as the petitioners who had
participated in a selection process would not be entitled to
claim any right accruing in their favour on account of the
same or on account of figuring in the merit list.
6.1. Learned advocate would submit that by now it is a
very settled position that even a candidate whose name
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figures in the select list would not be entitled to claim
for appointment as a matter of right and whereas, the
petitioners could not be permitted to question the
decision of the respondents merely on account of their
names figuring in the merit list.
6.2. Learned advocate would rely upon the affidavit-in-
reply and the additional affidavits filed by the
respondent and would submit that while initially a
decision had been taken for recruiting persons to the
posts in question, thereafter i.e. after the onset of the
pandemic, since the prices of crude oil had substantially
dropped, therefore, a decision had been taken at the
highest level to review non-core activities, as a result of
which, the posts of paramedics which were not co-
relatable to the core activities of the corporation had
been decided to be cancelled.
6.3. It is submitted by learned advocate that the
respondents have, after issuing the cancellation
notification, had refunded the application fee to almost
all the candidates in question. Learned advocate
Mr.Meena would further submit that as such, a similar
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decision of the respondents with regard to
advertisement which had been issued at around the
same time for the very same post in question i.e. of
canceling the entire recruitment process had been
questioned by similarly situated candidates before the
High Court of Tripura at Agartala and whereas vide an
order dated 12.09.2023, a learned Single Judge of the
said Court had dismissed the petition on the ground that
the same does not suffer from any arbitrariness.
Learned advocate would submit that since a similar
decision of the respondent Corporation having been
upheld by the Tripura High Court, this Court also may
not interfere with the decision of the respondents.
6.4. At this stage, it would be relevant to observe that
vide an order dated 21.02.2023 this Court had directed
the respondents to produce on record the entire file
with regard to the on-line decision making process by
the respondents and whereas in compliance of such a
direction, an additional affidavit had been submitted in
the month of May, 2023 which appears to have been
filed on 27.09.2023 with the Registry which affidavit
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contains the entire file with regard to the decision
making process.
6.5. Learned advocate Mr.Meena has taken this Court
extensively through the on-line decision making process
and has attempted to submit that the decision to cancel
the recruitment was on account of the review by the
ONGC to their non-core activities and whereas, the said
decision had been approved till the level of the Director
(HR). Thus, it is submitted that the decision to cancel
the recruitment was not a random decision rather senior
responsible officers of the respondent Corporation had
applied their mind and whereas even the Legal
Department of the ONGC had also been consulted
whereafter a decision had been taken. Learned advocate
would submit that under such circumstances, this Court
may not interfere with the said decision.
7. Learned advocates for the petitioners in rejoinder would
submit that the respondents are trying to justify their
decision to cancel the recruitment process on the ground of
the pandemic situation, yet it needs mention that the
recruitment process was over before the onset of the
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pandemic and even the recruitment process had reached
the stage of document verification before the pandemic
situation had arisen.
7.1. It is further submitted that while the ONGC is
trying to portray the posts of paramedics as non-core
activities, yet, there is no justification for the same since
it appears that the ONGC has got a very large workforce
and the recruitment of paramedics is to cater to such
workforce and whereas since the posts are in fact being
occupied by persons on contractual basis, the ONGC
could not be heard to justify the non-selection on the
basis of review of non-core activities.
7.2. It is reiterated by learned advocates that while
there cannot be any quarrel with regard to the legal
position that a candidate even if his name figures in the
select list does not get a writ for appointment, yet, it is
equally clear from the law laid down that the State
Instrumentalities could not be seem to be acting
arbitrarily in matters of public employment. Learned
advocates would therefore request this Court to set
aside the decision on the part of the respondents of
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canceling the recruitment process and grant further
prayers as prayed for.
8. Having heard learned counsels for the respective parties
and having perused the documents on record, in the
considered opinion of this Court, following question arise
for the consideration of this Court:-
i. Whether the proposition that a candidate even if his
name figures in the select list is not entitled to claim
appointment, is an absolute principle?
ii. Whether the decision of the respondents of canceling the
recruitment process is in accordance with law or
arbitrary?
9. It would be apposite to, before giving my own answer, refer
to decisions of the Hon'ble Apex Court on this issue.
9.1. A Constitutional Bench of the Hon'ble Apex Court
in case of Shankarsan Dash (supra) has observed
thus at paragraph no.7:-
"7. It is not correct to say that if a number of
vacancies are notified for appointment and
adequate number of candidates are found fit, the
successful candidates acquire an indefeasible
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right to be appointed which cannot be
legitimately denied. Ordinarily the notification
merely amounts to an invitation to qualified
candidates to apply for recruitment and on their
selection they do not acquire any right to the
post. Unless the relevant recruitment rules so
indicate, the State is under no legal duty to fill up
all or any of the vacancies. However, it does not
mean that the State has the licence of acting in
an arbitrary manner. The decision not to fill up
the vacancies has to be taken bona fide for
appropriate reasons. And if the vacancies or any
of them are filled up, the State is bound to
respect the comparative merit of the candidates,
as reflected at the recruitment test, and no
discrimination can be permitted. This correct
position has been consistently followed by this
Court, and we do not find any discordant note in
the decisions in State of Haryana v. Subhash
Chander Marwaha, Neelima Shangla v. State of
Haryana, or Jatendra Kumar v. State of Punjab."
(emphasis supplied)
9.2. The law has been very succinctly explained by the
Hon'ble Apex Court inasmuch as while laying down the
principle that a successful candidate does not acquire
an indefeasible right to be appointed, yet, the Hon'ble
Apex Court had also clearly set-out the principle that
the above referred proposition would be subject to the
State not acting arbitrarily. Furthermore, decision not
to fill up vacancies have to meet with the scrutiny on the
ground of being bona fide and for appropriate reasons.
9.3. The Hon'ble Apex Court in case of Takhelmayum
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Kheledro Meitei (supra) had an occasion to refer to
decision of Shankarsan Dash (supra) and whereas
relevant observations of the Hon'ble Apex Court at
paragraph no.11 are reproduced hereinbelow for
benefit:-
"11. In Shankarsan Dash v. Union of India, it was
held that there is no indefeasible right for
appointment merely because a candidate is found
fit on the basis of a selection. Ordinary the
notification merely amounts to an invitation to
qualified candidates to apply for recruitment.
Unless the relevant recruitment rules so indicate,
the State is under no legal duty to fill up all or
any of the vacancies. However. it was also held in
the said judgment that the State does not have
any licence to act in an arbitrary manner and
that the decision not to fill up the vacancies has
to be taken bona fide for appropriate reasons.
The High Court observed that there is no bona
fide reason for the successor entities of the
Electricity Department for not appointing the
respondents. Further, the High Court concluded
that it was not the stand of the appellant that the
process of recruitment has been scrapped."
9.4. From a plain observation, it would be clear that
while recognizing that the candidate would not get an
indefeasible right for appointment based upon selection,
it was further observed that the State cannot act in an
arbitrary manner and whereas the decision has to be
taken bona fidely.
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9.5. In case of East Coast Railway and Another vs.
Mahadev Appa Rao and Others, reported in (2010) 7
SCC 678, the Hon'ble Apex Court had inter alia
observed thus at paragraph no.14, more particularly
again explaining the observations of the Apex Court in
case of Shankarsan Dash (supra):-
"14. It is evident from the above that while no
candidate acquires an indefeasible right to a post
merely because he has appeared in the
examination or even found a place in the select
list, yet the State does not enjoy an unqualified
prerogative to refuse an appointment in an
arbitrary fashion or to disregard the merit of the
candidates as reflected by the merit list prepared
at the end of the selection process. The validity
of the State's decision not to make an
appointment is thus a matter which is not beyond
judicial review before a competent writ court. If
any such decision is indeed found to be arbitrary,
appropriate directions can be issued in the
matter."
9.6. The Hon'ble Apex Court, while reiterating the law
had further explained that the State's decision not to
appoint is subject to judicial review before a writ Court
and if the decision is found arbitrary, appropriate
directions could be issued.
9.7. Thus, the principle that would emerge from the law
laid down by the Hon'ble Apex Court in case of
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Shankarsan Dash (supra) explained in later decision
that while the State could legitimately deny
appointment to a selected candidate, who does not
acquire any right on the basis of such selection. Yet, on
the other hand, decision of the State should be bona fide
and based on appropriate reasons and whereas, if the
decision is arbitrary and malafide for reasons which are
not appropriate then, it would be open for the writ
Court to issue appropriate directions in a challenge to
the non-appointment. Thus, the submission that a
candidate does not acquire any indefeasible right
merely on account of his name figuring in the select list,
it not an absolute proposition. In matters of all public
employment, the State and its Instrumentalities cannot
be seen to be acting arbitrarily and whereas, in case a
decision not to appoint a candidate/candidates whose
name figure in the select list or in a like situation where
the State decides to do away with the selection process,
if the decision appears to be arbitrary or for non-bona
fide reasons, the writ Court would be entitled to pass
appropriate directions.
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10. Having appreciated the issue from its legal perspective,
we will now proceed to examine the issue on its facts to
understand whether the decision by the respondent ONGC
was either arbitrary or was bona fide and for appropriate
reasons.
10.1. It would appear that after the advertisement, the
selection process had continued in right earnest up to
the stage of document verification insofar as the present
posts in question are concerned. It would appear that
while there had been some erroneous stand taken by
the ONGC more particularly having regard to bona fide
certificates, it would also appear that at the relevant
point of time, the Unions had approached the
respondent raising some issues connected with contract
paramedics and requested for withholding declaration
of result of current recruitment exercise for paramedics.
The same is evident from a file noting dated 22.01.2020
originating from the Chief (ER) which had been
acknowledged by the Chief (HRD) and the Head (R&P).
It appears that based upon such request, on 03.03.2020,
the CGM-Head(CORP.R&P) had intimated to the
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concerned officers that recruitment in paramedic
disciplines be put on hold till further orders. Thus, it
clearly appears that at the first instance, the decision to
keep the recruitment process on hold had been taken
upon the representation received by Recognized Union.
10.2. While the communications reveal representation on
account of some pending issue, whereas it does not
require any mention here that the reason was very
obvious i.e. to ensure that paramedics on contract basis
were not disturbed more particularly the said
contractual paramedics would be required to make way
if the recruitment process for paramedics had reached
its logical conclusion.
10.3. It appears that while the position i.e. of keeping the
recruitment process on hold continued, the petitioners
had approached this Court by preferring Misc. Civil
Application (for direction) in the writ petition which
they had preferred questioning decision taken by the
respondents as regards the domicile certificate. It
appears that a question had arisen as to the stand which
was to be taken before this Court and whereas, from the
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file noting it appears that a justification was found out
to cancel the recruitment of paramedics. The
justification being that on account of the pandemic
situation, there had been a drop in crude prices
resulting in the ONGC requiring to review their non-
core activities.
10.4. From the e-mails which are part of the file noting
starting from one Mr.Rishi Kumar Dwivedi, Section HR
Executive dated 13.10.2021 seeking instructions as
regards taking a stand before this Court, it would
appear that the justification as referred to herein above
was arrived at more particularly to cancel the
recruitment process for the posts in question and
whereas, from the e-mail itself it would be apparent that
while the ostensible decision was to refer to the
pandemic situation yet, the real reason was the
representation by the Recognized Unions to withhold
declaration of results. Email sent by one Mr.Rajan
Asthana, Group General Manager (HR) to one
Mr.Aseemkumar Sinha dated 19.10.2021 making a very
interesting reading is reproduced hereinbelow:-
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"Dear Sir,
The trailing mail and the attachments pertain
to filing a reply in the Hon'ble HC of Gujarat in
MCA in SCA No. 2054 of 2020, wherein the
applicants for the posts of Paramedics have
represented against withholding of the
recruitment exercise mid-way.
As you are aware a decision was taken in
January 2020, based on request of GSs of
Recognized Unions to withhold declaration of the
Result of the then on-going recruitment of the
Paramedics. Subsequently with the outbreak of
the COVID-19 Pandemic, followed by a
challenging economic scenario, especially related
to E&P Sector, Companies across the Globe were
constrained to re-visit their business processes,
adopt cost effective schemes and welfare
measures. Accordingly, ONGC is also reviewing
its duty patterns, working out locational agnostic
shared services options, introducing enabling
technology and re-working our manning mix.
In view of a discouraging Crude price
Scenario coupled with reduced production from
majority of our aged fields, we shall have to
review our non-core activities and hence it would
be prudent to cancel the instant recruitment of
the paramedics. This was also apprised to
Director (HR).
May also offer your comments and if agreed,
we may advise Vadodara HR to accordingly
submit the reply to the MCA. The hearing is on
22.10.2021 hence the reply is to be submitted
before the said date."
10.5. It further appears that thereafter, the services of
the Legal Department had been availed to ensure that
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the decision stands the scrutiny of the Court.
11. In the considered opinion of this Court, while in the
affidavit-in-reply it has been attempted to be stated by the
respondents that the decision was for appropriate and bona
fide reasons i.e. to do away with non-core activities on
account of the discouraging crude prices, yet, a scrutiny of
the file relating to the decision in question clearly reveals
that neither the decision was bona fide nor the decision
was for appropriate reasons.
11.1. It clearly appears that while the recruitment
process was near in completion, the Unions espousing
the cause of persons working on the posts in question
albeit on contractual basis, had requested for keeping
the recruitment process on hold. The respondents,
without taking into consideration the fact that the
request of the contractual employees for regularization
having been rejected by this Court, had readily obliged
and kept the recruitment for the posts in abeyance. It
further appears that when the petitioners had sought to
question the same by preferring an MCA (for direction)
before this Court, it was decided to cancel the entire
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recruitment for the posts in question and to provide
justification for the same. The justifications having been
elaborately mentioned by this Court hereinabove i.e. of
relying upon the pandemic situation which had resulted
in discouraging crude prices to review the non-core
activities of the ONGC. The decision on the part of the
respondents does not to state the least behove a State
Entity like the ONGC more particularly when the entire
exercise was done to justify their action before this
Court and to cover-up the original decision of giving in
to the representations of the Unions.
11.2. The Hon'ble Apex Court in case of Shankarsan
Dash (supra) had inter alia laid down that the decision
of the State should not be arbitrary rather the decision
should be bona fide and for appropriate reasons. In the
considered opinion of this Court, the decision to keep
the recruitment process on hold was as arbitrary as
anything could be and whereas the decision smacks of
malafides and is for completely inappropriate reasons.
In a selection process by a State Entity, there cannot be
any interference which could be countenanced more
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particularly such interference resulting in disturbing the
selection process itself. While it may have been open for
the respondent ONGC not to have advertised for filling
up of the posts in question, yet, once having decided to
fill up the vacancies through a selection process after
public advertisement, it was not open for the
respondents to first keep the selection process in
abeyance and thereafter cancel the entire process under
request, possibly pressure by the Recognized Unions. In
the considered opinion of this Court, as much as it
would be impermissible for any person, body/bodies to
interfere in the selection process for public employment
to appoint a particular candidate, it would also be
impermissible for interfering in the selection process to
ensure that no one is appointed so that persons on
contractual basis can continue holding the said posts.
12. What is more shocking and intolerable is the stand of the
senior management of the respondent. While in the first
place the respondents had taken an arbitrary decision to
withhold the selection process on account of
representations by the Recognized Unions, at a stage when
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the respondents realized that the matter had reached this
Court, instant of making amends, to ensure that the
arbitrary and illegal decision of the respondent is reversed,
the senior management resorts to camouflage the decision
by relying upon high sounding technical words. It would be
apposite to state here that the affidavit-in-reply and the
additional affidavits being completely bereft of any details,
it could be very well concluded that the only unfortunate
victims of the decision of the respondents to review their
non-core activities were the candidates with regard to the
present selection process. It does not appear that there had
been any policy decision taken at the highest echelons to
review non-core activities for cost cutting purposes. Again,
it is reiterated that the unfortunate part being that the
cover-up was by the senior management and whereas, it
appears that even the Director (HR) was also a party to the
decision making process which was essentially a cover up
to justify their arbitrary decision before this Court.
12.1. Thus, it would be clear that the decision to cancel
the recruitment was absolutely arbitrary. The reasons
for canceling were neither appropriate nor bona fide.
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13. Having come to a conclusion as above that the
proposition about candidates not having an indefeasible
right to be granted appointment upon his name figuring in
the select list and further coming to a conclusion that the
decision of the respondents was arbitrary and the reasons
for such decision being neither bona fide nor appropriate,
the question would be what would be the relief that would
be granted. A further question would be as to whether in a
fact situation more particularly since this Court has come
to a conclusion that the respondents had come up with the
reason of discouraging crude prices on account of the
pandemic situation requiring review of non-core activities
as a camouflage to hide the original decision of keeping the
selection in abeyance upon representation from Recognized
Unions, and further having come to a conclusion that even
the higher management appears to be a part of the cover-
up, whether any further directions are required to be
issued.
13.1. In the considered opinion of this Court, it is by now
a well settled principle of law that the State and its
entities are required to act fairly. It also requires to be
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mentioned as observed by the Hon'ble Apex Court in
case of Ramana Dayaram Shetty vs. International
Airport Authority of India, reported in (1979) 3 SCC
489 that:-
"the power of discretion of the Government in a
matter of award of jobs must be confined and
structured by rational, relevant and non-
discriminatory standard or norms and if the
Government departs from such standard or
norms in any particular case or cases, the
action of the Government would be liable to be
struck down."
13.2. While this Court having come to a conclusion that
the decision of the respondents is arbitrary would be
striking down the same, yet, in view of the fact that
during pendency of a petition before this Court, since
higher management of the respondent appears to have
acted irresponsibly and with an intent to mislead this
Court into approving their decision, therefore,
appropriate directions are also required to be issued in
that regard.
14. In view of the above discussion, analysis and
conclusions, the following directions are passed:-
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14.1. The impugned decision of the respondents dated
01.02.2022 of cancellation of recruitment for
paramedical posts is hereby quashed and set aside.
14.2. The respondents are directed to forthwith continue
with the selection process from the stage it had been
kept in abeyance and later cancelled.
14.3. The petitioners, if they fulfill all the criteria, shall
be granted appointment in the respective posts and
while the appointment of the petitioners shall be in the
order of merit as determined by the respondents, yet,
considering that the petitioners have been denied
appointment on account of the arbitrary action of the
respondents, the respondents shall pay to the
petitioners salary of the respective posts with effect
from the date of filing of the petitions.
14.4. A copy of the present judgment be sent to the
Secretary, Ministry of Petroleum for information and
initiating action against the concerned officers for
having indulged in taking such a decision at the behest
of the Unions, which decision as referred to
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hereinabove, is against all settled standards and norms.
15. With the above directions, the present petitions are
disposed of as allowed. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
