Central Administrative Tribunal - Chandigarh
Mukul Khurana vs Central Reseasrch Institute, Kasauli on 17 March, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.1185/2017
PRONOUNCED ON: 17.03.2026
RESERVED ON: 27.02.2026
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Mukul Khurana Aged 27 years son of Sh. Mohan Lal Khurana.
R/o VPO Garkhal Tehsil Kasauli Distt. Solan (HP)
2. Karandeep Singh S/o Sh. Satnam Singh, R/o H.No.89-C,
Kashmiri Mohalla, Kasauli Distt. Solan (HP) (Group C).
.... Applicants
(By Advocate: Sh. Shailendra Sharma).
Versus
1. Union of India through Secretary, Ministry of Health and Family
Welfare, Nirman Bhawan, New Delhi.
2. The Director, Central Research Institute, Kasuli Distt. Solan
(HP).
....Respondents
(By Advocate: Sh. Sanjay Goyal, Sr. CGSC).
DN: C=IN, S=Haryana, Phone=
KAMLA
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c
485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af
DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.03.24 11:50:37+05'30'
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ORDER
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
i) That the records of the case be called and after perusing the same, quash the Order dated 21.9.2017 (Annexure A 6) issued by respondent no. 2 whereby respondent no. 2 has withdrawn the Advertisement dated 26.12.2012 (Annexure A-1) pertaining to the post of Animal Attendant, Khalasi, Labourer Packer etc. after the completion of selection process on the pretext that recruitment rules have notified on 27.4.2016 as the said action of the respondents is totally illegal, arbitrary, discriminatory and inviolation of Article 14 of the Constitution of India as well as Principles of natural justice as no opportunity of hearing was granted to the applicants and other similarly situated persons whose recruitment process was already completed in the year 2013;
ii) Direct the respondents to declare the result of the interview conducted for the post of Animal Attendants, Khalasi, Labourers, Packers in which the applicants appeared and further direct the respondents to issue appointment letters to the selected candidates immediately thereafter;
2. Briefly stated facts of the case are as follows. Respondent no.2 issued an Advertisement No.1-4/2012-Admn. in 'The Tribune' dated 26.12.2012 (Annexure A-1) whereby applications were invited for filling up 15 vacancies of Animal Attendant, Khalasi, Labourer and Packers in Central Research Institute Kasauli. The essential qualification was Matriculate or equivalent from recognized board so far as the vacancies of Animal Attendant, Khalasi, Labourer and Packers were concerned and Matriculate or equivalent from recognized board and ITI so far as vacancy of Carpenter was concerned.
DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 3 The last date of receipt of the application form was 30.1.2013. the applicants being eligible for the post of Animal Attendant, Khalasi, Labourer and Packers, applied in response to the advertisement (Annexure A-1) prior to the last date of submission of application forms. Subsequently applicants received the interview letter from the office of respondent no. 2 on 17.6.2013 and the date of interview was
3.7.2013 (Annexure A-2). On 3.7.2013 both the applicants appeared in the interview and their attendance was marked in the attendance sheet. The name of the applicant no. 1 figured at Sr.No.725 whereas the name of the applicant no. 2 figured at Sr. No.166 (Annexure A-3). The applicants were hopeful that the respondents shall declare the result of the interview. However the respondents did not declare the result of the interview for the reasons best known to them. The applicants made enquiries from the office of respondent no.
2, but except giving verbal assurances, the office of respondent no. 2 did not assign any reasons for non declaration of the result of the interview except that the matter has been forwarded to higher authorities. However the respondents declared the result for the post of Carpenter and issued appointment letters to the selected candidates and the selected candidates joined the respondents and are discharging their duties. Since the result was not being DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 4 declared and no information was being provided to the applicants and other similarly situated persons, so applicant no. 2 sent a representation to respondent no 2 on 18.8.2014 and sought information about the fate of the interview (Annexure A-4). When no response was received by the applicant no. 2 to the representation, the applicants then sought information Under RTI Act vide application dated 18.2.2015. In response to the RTI Application, respondent no. 2 gave the reply dated 13.3.2015 whereby it was informed that the interview process continued from 1.7.2013 to 1.8.2013 and total 6547 applicants were invited for interview and out of them total 3467 candidates were interviewed and further that the recruitment process has been kept pending (Annexure A-5). Despite providing the information under RTI, the respondents did not declare the result of the interview which led to the filing of the O.A. No. 063/00004 of 2016 in this Tribunal in which notice was issued to the respondents and the respondents filed the reply and took the stand that the new recruitment rules have been framed in the year 2016 according to which the posts have been graded as Technical. However the respondents failed to clarify as to how the new recruitment rules which came into force in the year 2016 were applicable for the post advertised in the year 2012. In order to frustrate the claim of the DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 5 applicants, the respondents vide order dated 21.9.2017 very cleverly withdrew the Advertisement Annexure A-1 partly so far it pertains to the post of Animal Attendants, Khalasi, Labourers, Packers despite the fact that under the same advertisement, the post of Carpenter was filled up by the respondents (Annexure A 6). On 22.9.2017 the earlier Ο.Α. Νo.063/00004 of 2016 as filed by the applicants came up for hearing and since there was some technical defect in the same, the Tribunal permitted the applicants to withdraw the same with a liberty to file fresh on the same cause of action.
3. Respondents have filed written statement on 15.12.2017 and thereafter, written arguments have also been submitted on 24.02.2026. It has been submitted by the respondents that the provision of old (erstwhile Group D) posts Recruitment Rules providing below matriculation level of qualification became redundant and are not applicable after classification of erstwhile group D posts as Group C in the advent of 6th CPC, requiring matriculation as essential qualification for Group C posts. The applicants do not fulfil the required qualification as per Notified RRS dated 27.04.2016. Vide Office Memorandum 21.09.2017 regarding withdrawal/ cancellation of Advertisement Notice No.1-4/2012-Admn.
dated 26.12.2012 for the posts (Sr.No.1 to 4) viz. Animal Attendant, Khalasi, Labourer and Packer in pursuance to DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 6 Tribunal interim order passed on dated 5.9.2017. Further, it is an admitted position on record is that although interviews were conducted between 01.07.2013 to 01.08.2013, no select list was ever finalized, approved or notified by the competent authority. The process remained incomplete and subject to approval of Recruitment Rules. As held by the Hon'ble Supreme Court in Shankarsan Dash v. Union of India, 1991 AIR 1612 even inclusion in a merit list does not create an indefeasible right to appointment. In the present case, the Applicants were not even empanelled. Immediately after the interviews were conducted, the Respondent Institute sought clarification from the higher authority (DGHS/Ministry of Health & Family Welfare) in light of DOPT O.M. dated 21.10.2013, which mandated that erstwhile Group 'D' posts, now classified as Group 'C', were required to be filled through the Staff Selection Commission. The Institute, therefore, could not legally proceed without clarification. The matter was placed before the competent authority, and specific advice was received not to proceed with recruitment till finalization of Recruitment Rules. Furthermore, it is an admitted fact emerging from Annexures R-12 and R-13 that the higher authority categorically directed that recruitment should not proceed until Recruitment Rules were framed and notified. Therefore, withholding of result DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 7 was not arbitrary but in compliance with superior administrative directions. The Respondents were bound to act in accordance with such directions and could not have declared result in contravention thereof. Subsequently, after detailed correspondence between the Institute, DGHS, DOPT and the Law Department, the Recruitment Rules for Laboratory Attendant (which included the posts of Animal Attendant, Khalasi, Labourer and Packer) were finally notified vide G.S.R. 84 dated 27.04.2016. These Rules prescribed enhanced technical qualifications including a mandatory one- year training certificate in Laboratory Techniques and Animal Care. This qualification was not part of the 2012 advertisement.
4. It is further submitted that once statutory Recruitment Rules were notified in 2016, the Respondents became legally obligated to fill posts strictly in accordance with the notified Rules. It is settled law that appointment cannot be made contrary to statutory Recruitment Rules. Any declaration of result or appointment under the 2012 advertisement, after notification of 2016 Rules prescribing different qualifications, would have been void ab initio and vulnerable to challenge.
5. It is also clarified here that applicants have contended that Carpenter posts under the same advertisement were filled.
However, the Written Statement filed by the respondents DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 8 clarifies the fact that Carpenter Recruitment Rules were notified earlier in 2015 and were fully consistent with the qualifications mentioned in the advertisement. There was no change in qualification for Carpenter posts. In contrast, Laboratory posts underwent reclassification and merger, and their qualifications materially changed. Thus, distinct factual circumstances justify differential treatment and do not attract any violation of Article 14 of the Constitution of India. Moreover the impugned Office Memorandum dated 21.09.2017 was issued in compliance with the order of this Tribunal dated 05.09.2017. The Respondents were required to take a final decision regarding the status of the advertisement. After examining the inconsistency between the advertised qualifications and the notified Recruitment Rules, the competent authority consciously decided to withdraw the advertisement insofar as it related to the Laboratory posts. This demonstrates transparency and administrative application of mind.
6. During the pendency of the recruitment process, DOPT O.M. dated 29.12.2015 discontinued interviews for junior level posts in Government of India. Since the posts in question fell within Group 'C' category, continuation of an interview-based recruitment mechanism would have been inconsistent with binding governmental policy. Thus, the very mode of DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 9 selection underwent change, rendering the earlier process administratively unsustainable. In view of the law laid down in Shankarsan Dash v. Union of India (supra), the State is not bound to fill advertised vacancies and may decide not to proceed, provided the decision is bona fide. The documentary record placed on file establishes that the decision was taken after due consultation, correspondence and consideration at multiple administrative levels. There is no allegation of mala fides against any individual officer.
7. In light of the above factual and legal position, the Applicants cannot seek a mandamus directing declaration of result or issuance of appointment letters. No legal right accrued to them; no statutory duty survives against the Respondents;
and the recruitment process was lawfully closed due to supervening statutory changes and binding governmental instructions. The impugned order dated 21.09.2017 is reasoned, legally sustainable, and consistent with constitutional principles under Articles 14 and 16 of the Constitution of India. The Original Application is therefore liable to be dismissed.
8. We have considered facts on record and pleadings available on record.
9. It is a facts that both applicants appeared for interview on 03.07.2013 in pursuance of advertisement dated 26.12.2012.
DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 10 But result was not declared as RRs underwent a change and respondents cancelled the earlier advertisement for 15 posts for which 3467 candidates were interviewed. No merit list was prepared so it is not even known if the applicants were selected out of 3467 candidates. In the circumstances we find no right for appointment has accrued to the applicants at this stage. Their right to appointment is also not enforceable as they merely participated in selection process. Carpenter was a separate cadre and selected as per specific RRs. Further, Carpenter required Matriculation and ITI competency and also form was required to be filed separately (Annexure A-1) so two cannot be considered together and no parity can be sought by applicants with the cadre of Carpenters.
10. Respondents have rightly relied upon on judgment dated 30.04.1991 of Hon'ble Supreme Court in the case of Shankarsan Dash vs. UOI. There is no malafide attributable to the officers nor is there violation of RRs which had not been notified at that stage. Nor is there any discrimination as total of 3467 candidates were interviewed and result of all was not declared. In the circumstances, at this stage, the applicants merely participated in selection process which was closed due to varied reasons as discussed supra, we find that the relief sought is not legally tenable.
DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30' 11
11. In view of the discussion as above, the O.A. is misconceived and dismissed. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA) MEMBER (A) MEMBER (J) /kr/ DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.24 11:50:37+05'30'