Law:

Section:

(a) Civil service---Recruitment process---Selection criteria---Scope---Mere submitting of an application for joining recruitment process in response to an advertisement did not create any vested right to claim the job---Before finalizing a fit candidate by the competent authority or Selection Board, the testimonials and antecedents of each candidate were to be considered in accordance with the prescribed benchmarks but in order to maintain level playing field and even-handed competition amongst all candidates, the qualification and competency in all fairness should be considered and adjudged in accordance with the qualification notified to apply in the advertisement and to extend any preference or favourable treatment, the settled terms and conditions could not be disregarded---Selection process should be within the specified spectrum and attributes (mentioned in the advertisement) and breach of such protocol attracted the doctrine of legitimate expectation, which sought to rescue and ventilate the sufferings of candidates who are under the bona fide belief that their applications for appointment would be considered (in terms of the qualifications notified in the advertisement). (b) Legitimate expectation, doctrine of---Scope and connotation---Doctrine of legitimate expectation connoted that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some uniform practice or an explicit promise made by the concerned authority---In fact, a legitimate expectation ascended in consequence of a promise, assurance, practice or policy made, adopted or announced by or on behalf of government or a public authority---When such a legitimate expectation was obliterated, it afforded locus standi to challenge the administrative action and even in the absenteeism of a substantive right, a legitimate expectation may allow an individual to seek judicial review of a wrongdoing---In deciding whether the expectation was legitimate or not, the courts may consider whether the decision of public authority had breached a legitimate expectation and, if it was proved so, then the court may annul the decision and direct the…

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