Featured image for Supreme Court Judgment dated 17-08-2017 in case of petitioner name Manish Sahu and Another vs Union of India and Others
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Supreme Court Upholds HAL’s Decision on Cancelled Recruitment of Diploma and Technician Trainees

The case of Manish Sahu and Another v. Union of India and Others concerned the cancellation of the selection process for the recruitment of Diploma Trainees and Technician Trainees at Hindustan Aeronautics Ltd. (HAL), Kanpur, under Advertisement No. 2 of 2011. The petitioners, who had been selected for the positions, challenged the cancellation, leading to a legal battle that ultimately reached the Supreme Court.

Background of the Case

The appellants were selected for the posts of Diploma Trainees and Technician Trainees under HAL’s 2011 recruitment process. However, their selection was later canceled. Aggrieved by this decision, they approached the High Court, which declined to interfere in the matter. This led to an appeal before the Supreme Court.

Legal Issues Before the Court

  • Whether HAL’s cancellation of the recruitment process was legally justified.
  • Whether the petitioners had any enforceable right to appointment based on their selection.
  • Whether HAL was obligated to provide employment in future recruitments.

Arguments by the Parties

Petitioners’ Arguments

The petitioners contended that:

  • They had been duly selected for the posts and their appointment should have been honored.
  • The cancellation of the selection process was arbitrary and lacked proper justification.
  • They had a legitimate expectation of employment based on their selection.

Respondents’ Arguments

HAL, represented by senior counsel, argued:

  • There was no recruitment requirement at HAL for the selected posts.
  • Projects like the Intermediate Jet Trainer (IJT) and Multi-Role Transport Aircraft (MTA) had not materialized, reducing the need for new recruits.
  • There would be no further recruitment for these positions in the foreseeable future.

Supreme Court’s Judgment

The Supreme Court, comprising Justices Kurian Joseph and R. Banumathi, reviewed the matter and noted a previous order dated July 31, 2017, in which HAL had been asked to clarify whether any future recruitments would take place for these positions.

“Learned senior counsel appearing for the Hindustan Aeronautics Limited (HAL) submits that there is neither any requirement nor any recruitment for the post for which the petitioners had been selected.”

On August 14, 2017, HAL submitted a written statement confirming that it had no plans for recruitment in the near future.

“The Hindustan Aeronautics Limited-Transport Aircraft Division, Kanpur, is not going for recruitment in the near future against the post(s) of Diploma Trainees and Technician Trainees as projects like IJT/MTA are yet to be materialized.”

Based on this assurance, the Supreme Court ruled that the petitioners would not be entitled to appointment and disposed of the appeals, making the earlier order absolute.

Key Legal Observations

  • Merely being selected in a recruitment process does not confer an absolute right to appointment.
  • An employer is not obligated to proceed with recruitment if there is no genuine requirement for the advertised positions.
  • Public sector recruitment must align with operational needs and financial considerations.

Final Order

The Supreme Court dismissed the appeals, upholding HAL’s decision to cancel the recruitment process. The ruling clarified that HAL would not conduct any further recruitment for these posts in the foreseeable future.

Conclusion

This judgment reaffirms the principle that selection in a recruitment process does not guarantee appointment. Public sector undertakings like HAL have the discretion to cancel recruitments if operational needs change. The decision also underscores the importance of realistic expectations in government and public sector employment processes.

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