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HC says petitioner cannot be appointed as JE due to "suppression of facts"
4/7/2012 12:08:50 AM
EARLY TIMES REPORT
JAMMU, Apr 06: The high court today said that petitioner's prayer for directing respondents to appoint him as junior engineer on the basis of his selection, could not be considered as "selection does not vest any right to appointment, which the employer, in the exercise of his prerogative, may refuse for any justifiable reason which in the present case was stated suppression of material fact".
The court directive came in a petition filed by Harjeet Singh. As he stood disqualified for 10 years to participate in any examination or selection, he hid this information while filling up the application form for JE's post.
The respondents’ plea was that the petitioner was ineligible to participate in selection for appointment because of "suppressing information" which he was otherwise required under rules to disclose while filling up the application form that he stood disqualified for 10 years for any examination or selection.
Justice J P Singh observed that in the absence of any challenge to the ineligibility attributed to him by the respondents to compete for the advertised post, the petitioner’s prayer for issuance of directions to the respondents to appoint him as JE (civil) on the basis of his selection, cannot be considered as selection does not vest any right to appointment which the employer, in the exercise of its prerogative, may refuse for any justifiable reason which in the present case was stated suppression of material fact of the petitioner’s disqualification for 10 years which he otherwise was required to disclose before seeking consideration for appointment. With these observations, the court dismissed the petition.

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