WHAT ARE THE LEGAL IMPLICATIONS
SANJEEB PADHI
(Querist) 19 March 2008
This query is : Resolved
Sir,
I have applied for the Post of Joint Manager(Legal) and also Deputy Manager(Legal) of FOOD CORPORATION OF INDIA against an open advertisement in the Employment News dated 12-18th March 2005. I received no response to my application for quite a long time despite making a number of quarries. Just recently I recvd a letter accompanied by a Draft for the Fees amount that I have deposited along with my application for the posts informing me that " It is regretted that due to some administrative reasons and circumstances beyond the control of the Management, the recruitment process could not be carried out further. The examination Fees of Rs.400/- paid by you is refunded herewith" !!!
Sir, I am well qualified for the post in as much as have a very strong desire that I would be selected for the post. But, the recruitment authority have made a mes of it and shattered my hopes. Can they hang on over the application like this and all most after three years say the RECRUITMENT PROCESS COULD NOT BE COMPLETED DUE TO ADMN REASONS frostrating hopes of many aspirants as well as eligible Job Seekers !!
If not, what are the legal implication.
Please advise.
Rajesh Kumar
(Expert) 19 March 2008
The advertisement in the newspaper is not an offer on the part of the advertiser but merely an invitation of offer- no contract has been made and hence you cannot sue for breach of contract.
It appears from your query that you are thinking in terms of negligence on the part of the advertiser- but before that you have to establish a duty on the part of the advertiser which he owes to you- no such duty is there and hence an action under tort for negligence is bound to fail.
You have no cause of action and hence you should not contemplate any action.
Manish Singh
(Expert) 19 March 2008
You can ask the department for the reasons to ascertain there is no red tapism in the same.
Yes, you can not claim any right for the job.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
