Can a person challenge firm's vacancy withdrawal in HC?
Sir, This is for my friend. She was included in the Rank lists of Clerks / Assistants (Various Companies / Boards) conducted by Kerala PSC. Its Qualification is Degree. Its rank list came in July 2021 and cancelled in Aug 2024. In Oct 2021 one of the firms included in the list reported 10 vacancies to PSC and the same firm withdrew the vacancies saying their Special Rule amended with Degree and Computer Qualification (DCA). My friend has an MBA (PG) and a DCA. Can She Question the firm's withdrawal of reported 10 vacancies before HC, saying the firm can select candidates from the cancelled Rank list with "appropriate qualification" included in that list? The above mentioned firm separately called for 10 posts in 2022, conducted an exam and published a rank list in 2023. Can it be challenged before HC?
If you are denied the revised rank list for having the same qualification as in Data Entry and Office Automation through B.Ed. ICT paper, you may challenge the exclusion. Bring a writ petition under Article 226 of the Constitution before the Kerala High Court: You may plead that your qualification is equal to the course prescribed and satisfies the eligibility condition. You may highlight the Hon'ble Mr. Justice. Order by the Supreme Court, not explicitly disqualifying people with equivalent credentials. Attach evidence of your syllabus, practical training, and course content to prove equivalence. Seek relief to reconsider inclusion based on substantive compliance with the requirements.
Your friend can challenge before the High Court that the firms have withdrawn the reported vacancies when candidates who appeared in the earlier rank list cancelled, containing some who possess qualifications. In view of the amended rules, she might qualify both with MBA and DCA. The other issue is that the independent recruitment process carried out in 2022 and the rank list issued in 2023 could be challenged on the ground that it violates the principles of fair selection or avoids candidates from the rank list issued initially. She may wish to consult with lawyers for advice on the merits of her case.
Sir, your friend can legally challenge the actions of the firm and PSC before the Kerala High Court. The grounds of the challenge would be based on the breach of the original recruitment rules, unfair alteration of qualifications after vacancies were reported, and the improper conduct of a separate recruitment process for the same vacancies. It is advised to consult an expert lawyer who will assist you in drafting and filing the writ petition which would be the appropriate next step. For further legal assistance contact us on our helpline number.
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