IMPORTANT POINT
Appointment – Mere inclusion of candidates in selection list does not confer upon them vested right to appointment.

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

On 27 January 2013, a notice was published in the newspapers for filling up 523 vacancies for the post of 'Constable (Executive) - Male' in the Delhi Police. The break-up of vacancies indicated 262 to be unreserved, 142 for OBC candidates, 79 for Scheduled Caste candidates and 40 for those belonging to the Scheduled Tribes. The candidates appeared for a physical endurance and measurement test on 4 October 2013. Upon qualifying at the test, the candidates were allotted roll numbers for appearing in the written examination. Of a total of 50,422 candidates, 39,597 appeared in the written examination which was held on 8 March 2014. This examination was cancelled by the Delhi Police, and a fresh written examination was held on 25 May 2014, which was cancelled as well. Finally, a written examination was conducted on 16 November 2014, consisting of one objective - type multiple choice question paper of 100 marks. After an evaluation of the OMR sheets, a list of 514 provisionally selected candidates was declared on 13 July 2015. Nine vacancies could not be filled up due to the unavailability of suitable candidates in the ex-servicemen category. The respondents were declared to be selected under the OBC category. During the course of scrutiny, it was found that a bonus mark had not been allocated to candidates whose height was measured at 178 centimetres or above at the time of the physical endurance and measurement test. Candidates were entitled to an extra bonus mark under the provisions of Point No. 4 (II) of the then Standing Order 212 of 2011, according to which:

"A candidate whose height is 178 cms or more shall be given 01 bonus mark, to be added in the total marks while determining the merit list."

Accordingly, the result was recompiled after allocating one bonus mark to all the candidates with a height of at least 178 centimetres and a final revised result was declared on 17 July 2015. 512 candidates were selected while the remaining 11 vacancies were not filled up due to the unavailability of candidates from the ex-servicemen category. In the result which was declared on 17 July 2015, 32 new candidates came within the selection zone and 34 candidates were ousted.

2. The respondents to the present Civil Appeals were declared as selected from the OBC category in the revised result as well. The minimum qualifying marks for the OBC category were 71.29004295. Umesh Kumar, the respondent in the first of the two appeals secured 74.16991306 marks. Satyendra Singh, the respondent in the companion appeal secured 71.49891738 marks. In the note attached to the final list declared on 17 July 2015, all candidates were directed to report to the DCP -Recruitment Cell, New Police Lines, Kingsway Camp, Delhi for further "codal formalities" between 27 July 2015 and 31 July 2015. Candidates were distributed on these dates in accordance with their roll numbers:

3. All the selected candidates were issued the prescribed forms so as to expedite the process of recruitment. The object appears to have been that during the commencement of batches for basic training, the candidates should have all documents complete, to facilitate the issuance of offers of appointment. The documents which were issued to candidates were:

"a. Attestation Form for Police Verification (F-36).

b. Medical Form (F-37) for medical examination.

c. Agreement Form (F-81) i.e. regarding depositing of capitation charges in case he / she left service before 5 years after joining Delhi Police.

d. Certificate of Character (F-82).

e. Undertaking (F-83)."

4. All candidates