PANAJI
The High Court of Bombay at Goa will on July 21 hear a writ petition challenging the Goa Legislature Secretariat’s decision to cancel the 2024 recruitment process for the post of Under Secretary (Group ‘A’ Gazetted) and issue a fresh recruitment advertisement in 2026.
The petitioner has alleged that the recruitment was scrapped arbitrarily without any public notice; that a post reserved for Persons with Disabilities (PwD) candidates was converted into an unreserved post; and that the fresh advertisement introduced additional experience requirements not contemplated under the applicable Recruitment Rules.
“The impugned decision is arbitrary, illegal, unfair, unjust and therefore is in violation of Article 14 of the Constitution of India. It is a settled law that although the employer has discretion to initiate recruitment process afresh, such discretion is a subjective discretion… and cannot be exercised as per whims and fancies or for extraneous consideration which has no relevance to issues forming subject matter of the controversy,” reads the petition.
The petitioner has sought a writ of mandamus directing the Goa Legislature Secretariat to withdraw the fresh advertisement issued on June 1, 2026, and resume the recruitment process initiated through the August 26, 2024 advertisement for filling the posts of Under Secretary.
In the alternative, the petitioner has requested the High Court to direct the Secretariat to withdraw the June 1, 2026 advertisement and issue a fresh notification without the impugned eligibility condition requiring candidates to furnish an experience certificate from a Judge of the court.
The plea further seeks ad-interim relief staying the recruitment process until the High Court decides the matter, along with any other relief deemed appropriate by the court.
