GUWAHATI, India, Sept. 19 -- Gauhati High Court issued the following order on Aug. 20:

1. We have heard Mr. K.N. Choudhury, learned Senior Advocate assisted by Mr. R.M. Deka, learned Advocate for the petitioners and Ms. A. Gayan, learned Central Government Counsel for the respondents.

2. The petitioners had applied for recruitment to the posts of House Keeping Staff and Mess Staff at the Air Force Hospital, Jorhat, pursuant to an advertisement dated 03.04.2021, issued by the respondents. The recruitment process was conducted in terms of the Standard Operating Procedure (in short, SOP) for filling up Group 'C' Civilian vacancies by direct recruitment.

3. The contention of the petitioners is that they successfully cleared both, the written test as also the Trade Proficiency Test; whereafter a merit list was published on 09.09.2021, in which the names of the petitioners figured as successful candidates. They were also informed by the Presiding Officer vide letter dated 09.09.2021 that they have been selected as candidates and therefore they should report to the Civil Administration Section with their original documents and certificates. However later, vide a communication dated 06.02.2022, the petitioners were made to understand that the entire selection process has been cancelled and that a fresh process would be conducted for filling up the civilian vacancies.

4 The petitioners, aggrieved by this cancellation of the entire process, approached the Central Administrative Tribunal, Guwahati Bench (in short, "Tribunal") and argued that they had successfully passed the examination and were selected as well. They had the legitimate expectation of being appointed; but for no good reason, the entire selection process was cancelled, perhaps, on a stray and vogue complaint that the process adopted was not in accordance with the SOP and that there were many deviations in the selection process, as also the likelihood of the entire process having been vitiated because of a senior functionary having demanded and accepted bribe money for clearing the names of the candidates who participated in the selection process.

5. The Tribunal, vide order dated 27.06.2025, found that on account of irregularities committed in the selection procedure, which was not in accordance with the SOP for filling up of Group 'C' Civilian posts, such a decision was taken by the Recruiting body. That apart, the Tribunal was of the view that no right had accrued to the petitioners only by their having participated in the recruitment process. The petitioners had a right to be considered but in the event of the entire process having been set aside, no indefeasible right was available with them against the recruiting body for the Tribunal to interfere in the matter.

6. Without losing heart, the petitioners have approached this Court against the order passed by the Tribunal.

7. While canvassing the case of the petitioners, Mr. K.N. Choudhury, learned Senior Advocate has submitted that the Tribunal did not make a distinction between 'recruitment' and 'appointment' and wrongly held that the petitioners did not have locus to challenge the decision of the recruiting body to cancel the process.

The petitioners have the locus as they were the participants in the selection process and were selected. Only appointment letters were required to be issued to them. For that purpose, they had been asked to report to Administrative office on a particular date with their original documents. This was a stage farther from merely being selected and being put in the select list to be considered for appointment. In that view of the matter, Mr. Choudhury has argued that the order of the Tribunal requires to be interfered with.

*Rest of the document can be viewed at: (hhttps://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxwx%2BMOnX%2BX2vnSZmi%2FTLF%2B%2BUFdVeNu1q0lQHr1QUoRJ&caseno=WP(C)/4709/2025&cCode=1&cino=GAHC010163152025&state_code=6&appFlag=)

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