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Manish Sahu and Anr v. Union of India and Ors

Civil Appeal · 2017 INSC 767Decided 17 Aug 2017
Civil Appeal No. 10574 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellants had been selected for the posts of Diploma Trainees and Technician Trainees with Hindustan Aeronautics Limited (HAL), Kanpur, under a 2011 advertisement, but their selection was cancelled. The Allahabad High Court declined to interfere with the cancellation, prompting the appellants to approach the Supreme Court. Earlier, on 31.07.2017, the Court had directed HAL's senior counsel to obtain instructions on whether, if the posts were never filled from this selection, any future recruitment to the same posts without first accommodating these petitioners would be justified.

Decision Breakdown

HAL's senior counsel produced a written instruction confirming that the Transport Aircraft Division, Kanpur was not going to recruit for these posts in the near future, since the related projects (IJT/MTA) had not yet materialized. Given this assurance, the Court granted leave and disposed of the appeals by making absolute the proposal recorded in its earlier order of 31.07.2017, effectively meaning HAL could not recruit afresh to these posts without first considering these selected candidates. No costs were awarded.

Lesson Learnt

When a government employer cancels a selection process, courts can hold the employer to its own representations about future recruitment, ensuring previously selected candidates are not bypassed if the same posts are later filled.

Official source (sci.gov.in)View Judgment (PDF)

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