Judicial Review of Selection Process

The recent court decision on a review petition regarding a selection process has sparked discussions on the legal principles governing such cases. The court’s legal analysis is crucial in understanding the nuances of the selection process and the criteria involved. Stay tuned for insights and updates on this significant judicial review. #LegalCase #JudicialReview #SelectionProcess

Facts

  • The review petition is a result of the order dated 26.07.2021 passed by the Court in response to Special Leave Petition (Civil) No.11323 of 2021, challenging the High Court of Judicature at Allahabad, Lucknow Bench’s order dated 03.12.2019.
  • State Government was granted liberty to fill up remaining vacancies by following the law and issuing a fresh advertisement as per the decision in State of U.P and others v. Shiv Kumar Pathak and others.
  • A fresh selection process was initiated, causing grievances among the petitioners who believed the selection under the earlier Notification dated 07.12.2012 should have been completed.
  • An additional issue was raised about the refund of fees deposited by the petitioners.
  • The petition was dismissed on 26.07.2021 after finding no merit in the substantive arguments put forth by the petitioners.

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Decision

  • Review petition granted
  • 95 candidates who did not fulfill the criteria were wrongly selected
  • Permission to file review petition is granted

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Case Title: SUNIL KUMAR YADAV Vs. THE STATE OF UTTAR PRADESH (2022 INSC 42)

Case Number: R.P.(C) No.-000032-000032 / 2022

Click here to read/download original judgement

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