Law:

Section:

Civil service--- ----Contract employment---Advertised posts---Selection process---Irregularities and non-observance of codal formalities in selection process---Termination from service---Reinstatement in service after re-processing selection of each appointee---Locus poenitentiae, rule of---Scope---Respondents participated in the selection process, whereafter they were issued appointment letters and joined their respective services---Subsequently respondents were issued termination letters on the basis that their appointments had been made without observing codal formalities, and the official who had signed their appointment letters was not competent to do so---Respondents filed constitutional petition before the High Court, which was allowed and impugned termination orders were set aside with the directions that a Committee should be constituted to re-process the case of each respondent; that in case any of the respondents had submitted a fake document, or there was any criminal case pending against him, or he was not a resident of the area for which recruitments were made or otherwise did not meet the eligibility criteria provided in the advertisement on the basis of which he was appointed, such respondent shall not be inducted into service, and that all other respondents shall be deemed to have been reinstated into service with effect from the date on which their services were terminated---Validity---Such order passed by the High Court was absolutely valid and it had been left to the department itself to scrutinize/examine the eligibility of the respondents---High Court gave directions to retain those who passed the eligibility test by applying the rule of locus poenitentiae, notwithstanding that there was some irregularity in the process of selection, may be on account of one of the members (of the recruitment committee) who was said to be incompetent to act as appointing authority, and those who were not eligible/qualified were to be relieved from service---Department had to act fairly in terms of the directions of the High Court and take further action---Supreme Court directed that re-selection process, as mandated by the High Court, should be completed…

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