• CGPSC selected for a gazetted post but state govt rejected

Chhattisgarh Public Service Commission Selected 06 candidates for the post of Assistant Director(Planning) in Housing and Environment Department Chattisgarh. But when Selection list Came to Department for Joining Department canceled the list while the selection Process was Running  From Two years. in between these time department never objected.Department said Ineligible candidates has been Selected By CGPSC.
                                                                    While some Failure candidates has already filled the writ Petition for Eligibility matter and the case is still pending. but Department hasn't waited the Judgement and issued the 06 post Cancellation order.(In Fact when Department saw the judgement is Going to the Favor of Selected candidates, they take immediate Action and Cancelled the Selection list ). we are Planning to file a  writ Petition Against Government But I have some Queries- 

1) When the Ineligibility Matter is Already Pending at High Court, Department has Any right to Take decision on matter without informing Court ?(Government hasn't Replied yet in HC Chhattisgarh)

2) when we went to the Department they said there is a typing mistake in Available Recruitment Rule which is also Followed by CGPSC and Conducted the whole Selection Process. but Department never Corrected the mistake during Recruitment Process. when Selection List Came they corrected the mistake and issued Cancellation order. is it a valid cancellation order?

3) what should be the Judgement of HC an aforesaid Matter? 

Please Advice Appropriate Steps to take too.Thank you
Asked 1 year ago in Constitutional Law from Bilaspur, Chhattisgarh
1) in case no stay order has been granted by the HC govt can issue cancellation order 

2) the remedy for the candidates is to challenge the cancellation order issued by state govt for the 6 posts 

3) without going through the cancellation order and other documents cited by you it is not possible to advise on the merits of the case . 

4) contact a local lawyer and file writ to set aside cancellation order passed by State Govt and for appointment of candidates found eligible by state commission 
Ajay Sethi
Advocate, Mumbai
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1. Yes, department can do so.
2.Yes but it is also amenable under challenge before writ court.
3.without seeing the case papers no comment can be made on merit of the case.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Hello,
1) The government ought to have sought the permission of the High Court before cancellation of the list as the matter was pending before it. The act of the government is questionable.
2) The reason highlighted by CGPSC is not a valid one for cancellation of list.

3) The High Court will decide on merit of the case. It can get the list reinstated and confirm the appointment or allow the government to reconduct the recruitment.

4) You need to move the writ as soon as possible highlighting all aspects. Press for an early hearing.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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1. Unless the HC had ordered a stay on the decision making process the govt was at liberty to proceed.

2. The cancellation at such a belated stage under the guise of a typographical mistake seems to be done with an ulterior motive.

3. The only appropriate step to be taken is to prosecute the case in the HC.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
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