Lawstreet Journal

Recruitment process can't be challenged at any stage of time, however genuine the grievance is: Supreme Court

Lawstreet Journal 25 Feb 2022 9:09pm

Image courtesy: Lawstreet Journal Judiciary Recruitment process can't be challenged at any stage of time, however genuine the grievance is: Supreme Court

The Supreme Court recently stated that in a recruitment process, an applicant cannot be allowed to seek redressal at any stage, no matter how legitimate the reason, because the recruitment process has to be completed well within time.

A bench of Justice SK Kaul and MM Sundresh made the statement while hearing a civil appeal challenging a Calcutta High Court ruling dated December 22, 2008.The petitioner's O.A (Original Application)  in which he requested directions for foregoing a police verification report connected to his appointment to the post of Sub-Assistant Engineer, was dismissed by the Tribunal (Civil).

In this instance, the petitioner took and passed a test for recruitment to the position of Sub-Assistant Engineer in 1999. (Civil). However, because a police verification report was not received, the petitioner's appointment could not be verified. The petitioner waited over seven years before filing an OA with the State Administrative Tribunal, which was eventually dismissed.

When the case reached the Calcutta High Court, it was noted that the advertising was from 1999, and that the passage of 24 years would be a hindrance to the appellant's ability to obtain relief.

The sole hurdle, according to the High Court, was the police verification report, which finally went against the appellant, and the appeal was dismissed.

The Supreme Court upheld the High Court's decision, ruling that an applicant cannot file a redressal at any stage of the recruitment process, no matter how legitimate the grievance, because the process must be completed.


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Tagged: Recruitment   Supreme Court of India  
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