Applying
these principles to the facts of the case, the Court found that no
candidate for the year 2001 had been appointed and, therefore, persons
who were selected in that year were on a different footing as merely a
person comes in the selected list, he has no right to be appointed on
that ground. However, held the Court, those who had already been
appointed and had completed about three years of service, some of them
had even passed departmental test and some were given higher
responsibilities and had even completed the period of probation or
nearing the completion thereof and were working to the satisfaction of
the authorities concerned, different yardsticks were to be applied while
terminating their services. As a matter of fact, the Court found that
apart from inferences drawn on certain facts and in particular the
circumstances enumerated by the High Court, it was difficult to accept
the contention of the State Government that it was absolutely impossible
for it to separate the innocent candidates from the tainted ones. In
the opinion of the Court, by appointing an independent scrutiny
committee it was still possible to shift the evidence and separate
tainted candidates from the innocent ones. The Court also recorded that
relevant records were still available and had not been destroyed, which
included question papers, answer sheets and other documents. (225 words)
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