VidhiSangh

Supreme Court of India · 06/03/2025

STATE OF ASSAM & ORS. versus ARABINDA RABHA & ORS.

[2025] 3 S.C.R. 598 · 2025 INSC 334

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Summary

A successor Government of Assam cancelled a select list of 104 Forest Protection Force constables, prepared on an interview-only selection without recruitment rules, on the basis of a note of the Principal Chief Conservator of Forests pointing to district-wise concentration of selectees, violation of the reservation policy and inclusion of non-meritorious candidates; the Gauhati High Court set the cancellation aside as curable irregularities needing an inquiry. The Supreme Court held that the cancellation withstood both Wednesbury unreasonableness and proportionality, that the writ court had wrongly substituted its own view, that selected candidates may question an arbitrary refusal to appoint but had no infringed right here as the list was never approved, and permitted a fresh process with age and physical-standard relaxations for the respondents.

Issues

  1. Whether the High Court was justified in interfering with the Government's decision to cancel the select list and in directing that the selection process be carried forward.
  2. Whether the decision to cancel the select list was vulnerable on the doctrine of Wednesbury unreasonableness or suspect on the doctrine of proportionality.
  3. Whether cancellation of the select list infringed any legal right of the selected candidates such that a writ petition under Article 226 was maintainable at their instance.
  4. Whether the State was urging new grounds for the cancellation beyond those originally assigned, contrary to Mohinder Singh Gill.
  5. What relief should follow.

Provisions considered

Held

Result

Appeal allowed without costs; the High Court's judgments quashed; liberty to the State to fill the 104 constable posts by a fresh advertisement (framing recruitment rules being desirable, failing which the administrative instructions are to be made public); under Article 142 the respondents, if they apply, are to be considered with their age bar waived and insignificant physical-measurement and PET deficiencies overlooked, the PCCF being free to grant further relaxation; the fresh process to be concluded without delay; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 598.