• Recruitment: Fresh notification after the interviews are over

A University notified for the recruitment of teaching posts (Professors, associate professors and assistant Professors) in Jun 2016. I applied for a post. They called for interview in Dec 2016. But they cancelled it a day before the date of interview, as the notifications validity was only 6 months and soon it was coming to lapse. University renotifed for the same posts in Dec 2016 and in advt mentioned "who applied in response to earlier notification need not apply again." This time, they conducted interviews in Feb 2017 for about 10 posts out of 90; Govt intervened to stop the process as some amendments were in pipeline for the recruitment procedures. I had attended the interview and had bright chances of selection as my interview performance was good. They did not announce the interview results ; but, I kept requesting the university for my results. To our shock, University has now given a "fresh notification" for the same posts. Now, they have changed the recruitment procedure, written test is included, and a whole lots of changes are made! "the rules of the game have been changed when the game is over in our case". In advt "Candidates who had applied earlier need not apply once again. BUT they will have to submit relevant information and details in the revised format. However they need not pay the application fees if it has been already paid along with earlier application form. Any/new certificates for fresh claim have to be submitted."
Myself and others, who have completed interview process want the university to give appointment orders based on our interview results. I am eager to know what Kanoon says about this case. Thank you in advance for your help.
Asked 8 years ago in Civil Law

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9 Answers

1) it is not in your interest to go to court at this stage . you have not been disqualifed from applying again

2)before declaration of results the recruitment procedure has changed as per Govt orders

3) you dont have to pay application fees but merely submit results in desired format

3) the changes have been made to streamline the process of recruitment

4) litigation is long drawn and expensive proposition

5) if you file writ it would further delay the recruitment process and there is no guarantee that you would be appointed

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Hello,

this being the settled law that "rule of the game cannot be changed once the game has started" has some exceptions attached to it, one of the exception being the policy making power of the government. You may challenge this before the high Court on the ground that the decision is malafide or the said decision has no rationale. You can take a chance by filing a writ in the High Court but chance of success are bleak since the result was not declared.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Basically, the rules of the game cannot be changed mid-way. For this reason, the halted the recruitment exercise which was at the Interview stage just before the results were to be announced. This was so because they couldn't have incorporated the amended recruitment procedure suggested/floated by the Government in this ongoing exercise. For this reason, they altogether abandoned this ongoing recruitment exercise which was at interview stage and notified a fresh notification for recruitment. In any case, since the vacancies (for which you applied) were notified at the time when the changed policy of the govt. pertaining to recruitment was not into force, there not no embargo for the University to complete the then on-going exercise in accordance with the un-amended recruitment rules. You may try your luck by approaching the High Court. Challenge the fresh notification and seek a writ of mandamus against the University to complete the abandoned recruitment drive.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

These are govt. policies.. If you want to take action against the fresh notifications , you can file a writ in high court..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. it settled law that once game starts its rule cannot be changed.

2. according to section 115 of the evidence act, rule of estoppel will apply in this case because university had taken interview of 10 posts. these 10 posts will remain unaffected from the current notification.

3. you should file a writ before the high court under article 226 for keeping 10 posts from current notification because its interview had concluded and according to rule of estoppel university cannot be retracted.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. The government can in exercise of its executive power which permits it to make policy decisions, change the recruitment process even after the process has begun, but the change has to be shown as being made to streamline the process. There has to be a rationale nexus between the change made and the object to be achieved. You are free to move the High Court through a writ to seek orders to the university to issue appointment orders.

2. The candidates who had earlier applied have been exempted from reapplying. They have only been told to furnish the relevant details in the revised format, which does not prejudice them in any manner. They have also been exempted from paying the application fees if it has been paid already. So prima facie you have not been prejudiced.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

This is a clear case of policy decision taken time and again by the government in which the court cannot interfere.

However if you feel that you have been rendered injustice you may file a writ petition seeking Stay of recruitment process and to find decide the candidates already interviewed.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1) Candidates who completed interviews cannot claim any accrued rights nor can they insist on unanended rules

2) no appointment letter had been issued to such candidates . Hence they cannot claim any right for appointment

3) the candidates who applied earlier would not be granted any reliefs

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If you can challenge the rules then you can get benifit to other queries you can file an RTI and get an appropriate reply

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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