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Abdul Haque
in Civil Law
Asked October 16, 2017

Selected under SSA but job not given

  • 2 Answers
  • 221 Views

We 389 candidates were declared as selected for different subject under SSA on 31st December, 2016 with the compliance of Hon'ble High Court, and given appointment on 3rd January, 2017 by the then ruling Congress Party. On 4th January, 2017 Election Code of Conduct was imposed by Election Commission of India for 12 General Election. With the new government led by BJP the appointment still kept in aviance without any reason. Meanwhile, the score marks has given published by the new government in the interest of General People. But still the new government didn't give the joining form instead they form an SIT about the appointment and the same report has been given to the concerned authority for further necessary action. In this regard,we were given appointment order and also submitted our joining form but not accepted our joint. Is it right to use legal procedure for getting our job?

Answers 2

 

 

 

Dear Sir/madam,

A Writ against such a mishappening can be brought before the Hon’ble High court of the state. “The Writ of Quo Warranto” under article 226[1] of the Constitution of Indian 1949 is maintainable in this regard. By virtue of this writ, the court asks the designated authority that “Under what authority has the government department(in question) taken such a decision of forming an SIT of postponing the joining of the candidates-when they were already selected under due process established by law ?”.

 

[1] (1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

Agree Comment 0 Agrees over 3 years ago

 

 

 

Dear Sir/madam,

A Writ against such a mishappening can be brought before the Hon’ble High court of the state. “The Writ of Quo Warranto” under article 226[1] of the Constitution of Indian 1949 is maintainable in this regard. By virtue of this writ, the court asks the designated authority that “Under what authority has the government department(in question) taken such a decision of forming an SIT of postponing the joining of the candidates-when they were already selected under due process established by law ?”.

 

[1] (1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

Agree Comment 0 Agrees over 3 years ago

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