HC protects candidate appointments from unlawful cancellation

In a significant ruling, the Punjab and Haryana High Court has held that appointments granted to candidates cannot be cancelled through speaking orders if they are not at fault and are not given an opportunity to be heard.

A division bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma quashed a notice dated May 8, 2023, which had cancelled the appointments of candidates selected for the posts of masters/mistresses following an advertisement issued on January 8, 2022.

The ruling came in response to an appeal filed by Kiran Bala and others against the state of Punjab and additional respondents. Senior advocate DS Patwalia and Bikramjit Singh Patwalia represented the appellants in the case.

The court observed that the candidates were selected based on revised answer keys, followed by document verification, and received their appointment letters in January 2023. However, their appointments were cancelled without any opportunity for them to defend their selection.

The bench further criticized the multiple expert committees formed to review the selection process and stated that the speaking orders were issued without due legal consideration. The court emphasized that the cancellation of appointments without proper justification or a hearing violated the candidates’ rights. This ruling protects the appointments of candidates from arbitrary cancellation, ensuring transparency and fairness in the recruitment process.