Court Awards Exemplary Costs of Rs. 1,00,000 for Unlawful Cancellation of Candidature
In a significant ruling, the Jammu and Kashmir High Court has quashed the cancellation of Irfan Yousuf's candidature for the post of Laboratory Officer (Material Science Engineering) at the Indian Institute of Technology (IIT) Jammu. Justice Javed Iqbal Wani presided over the case, delivering a judgment that underscores the importance of procedural fairness in recruitment processes.
Irfan Yousuf, the petitioner, had applied for the position under the OBC category following an advertisement issued on April 28, 2023. Despite possessing the requisite qualifications and experience, his candidature was cancelled by IIT Jammu due to purported non-verification of his experience certificates.
The court found that Yousuf had provided all necessary documents, including experience certificates, which were subsequently verified by the relevant authorities. The cancellation, communicated through emails dated October 25, 2023, and October 30, 2023, was deemed wrongful and without lawful justification.
Justice Wani highlighted that Yousuf’s application was initially accepted after scrutiny, which included verification of his qualifications and experience. Following successful completion of both written and viva tests, he was placed at Serial No. 1 in the waiting list for the OBC category.
The court observed that IIT Jammu had erred in requiring re-verification of experience certificates that had already been validated by NIT Srinagar, where Yousuf had previously worked. The lapse in communication between the outsourcing agency’s Delhi and Srinagar offices led to the wrongful cancellation.
Emphasizing the breach of Yousuf’s constitutional rights, the court ordered his retrospective appointment to the post with all consequential benefits, excluding monetary benefits. It also imposed exemplary costs of Rs. 1,00,000 on IIT Jammu, payable within four weeks, for causing undue delay and distress to the petitioner.
The judgment reinforces the principle that candidates cannot be penalized for administrative missteps, urging institutions to adhere strictly to verification protocols and ensure fair treatment of applicants.
Bottom Line:
Recruitment - Candidature of a candidate for the post of Laboratory Officer (Material Science Engineering) cannot be cancelled on the ground of non-verification of experience certificates when the candidate has requisite qualifications and experience as per the advertisement and the certificates are subsequently verified.
Statutory provision(s): Article 226 of the Constitution of India
Irfan Yousuf v. Indian Institute of Technology, (Jammu And Kashmir) : Law Finder Doc Id # 2823730
