Punjab and Haryana High Court refuses to appoint candidates acquitted in recruitment scam as judges

The Punjab and Haryana High Court recently upheld its decision to not appoint certain candidates acquitted in a judicial recruitment scam as judges [Navdeep Singh and another v State of Punjab and Others]..The candidates had been successful in the examination held for Punjab Civil Service (Judicial Branch) in 2001.However, in 2002, the appointment letters issued to the candidates were cancelled on account of a recruitment scam. The candidates later faced a trial under Prevention of Corruption Act but were acquitted in 2016. The High Court on the administrative side in 2017 decided against restoring the appointment orders. Two candidates then moved the High Court by way of a writ petition challenging the same..In a judgment rendered on March 6, the Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel said the appointment of the candidates was terminated in 2002 and they approached the High Court only in 2016 for restoration of the appointment orders.It noted that the belated representation was being sought to be justified on the ground that the candidates were facing a criminal trial and only after the acquittal, they had the rightful cause to seek invalidation of their termination from service.However, the Court held that the same was not sufficient. It added that multiple recruitments have taken place since 2002..It further observed that though no fixed period of limitation is prescribed for filing a writ petition, it has to be seen whether extraordinary jurisdiction of the writ court was being invoked within a reasonable time.It added that a representation would not revise a dead cause of action or resurrect the cause of action which had a natural cause of death.“This Court, while testing the plea of the petitioners, is pertinently required to lift the veil so as to see whether such plea satisfies the touchstone of doctrine of laches. Further, multiple recruitment advertisements have been issued and selections have been made in pursuance thereof since the petitioner’s selection was terminated in the year 2002,” it said.Thus, the Court concluded that the writ petition was barred by latches and accordingly dismissed it..Advocate Anurag Arora represented the petitioners.Deputy Advocate General Salil Sabhlok represented the State of Punjab.Senior Advocate Munisha Gandhi with advocates Arshdeep Bhullar and Manveer Narang represented the High Court..[Read Judgment]