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High Court Of Delhi
MUKUNDAKAM SHARMA,SANJIV KHANNA
ANJU BALA - Appellant
Versus
D. E. S. U - Respondents
LETTERS PATENT APPEAL 20 Of 2006
Decided On : 03/16/2007
Recruitment Rules - Eligibility Criteria - [STENO-TYPIST] - [EMPLOYMENT NOTICE NO. F1 (69)/92/AO (PIV)/94-95/16] - [Recruitment Regulations for the post of Jr. Stenographer (English) in DESU (MCD) : 1. Name of post Jr. Stenographer (English) 2. No. of posts 45 3. Classification Class-III 4. Scale of pay Rs. 300-655 5. Whether selection post or Selection Non-selection post 6. x x 7. x x 8. x x 9. x x x x x x x x 10. Method of rectt. Whether by Direct Recruitment or by Deputation/ transfer and percentage of the vacancies to be filled by various methods 25% by promotion 75% by Limited Departmental Competitive Examination in accordance with the scheme of examination as may be prescribed in consultation with Staff Selection commission. 11. In case of rectt. by promotion/ deputation/ transfer grades from which promotion/ deputation/ transfer to be made promotion: Steno-typist (English) in DESU with 5 years' regular service in the grade. Recruitment by Ltd. Departmental Competitive Examination. Steno-typist (English) in DESU with 3 years' regular service in the grade on the results of the Ltd. Departmental Examination at a speed of 120 w. p. m. in the shorthand and 45 w. p. m. in typewriting in English, failing which 100 w. p. m. in shorthand and 30 w. p. m. in typewriting in English.] - The court discussed the Recruitment Rules for the post of Jr. Stenographer (English) in DESU and emphasized the importance of strict compliance with the rules, especially the mandatory statutory qualifications, to prevent nepotism and arbitrariness. The court cited the decision of the Supreme Court in the case of National Fertilizers Ltd. v. Somvir Singh, emphasizing that any appointment in violation of the rules would render them as nullities and that no recruitment should be permitted to be made through the back door.
Fact of the Case:
The appellants challenged the judgment and order dismissing their Review Application after being appointed as steno-typists by the erstwhile Delhi Electric supply Undertaking (DESU) on ad-hoc basis. They contested the selection of other candidates for the post of Junior stenographer (English) and the subsequent dismissal of their writ petition and review application.
Finding of the Court:
The court found that the appellants did not have an actionable grievance and had failed to qualify in the competitive examination. However, it noted that the DESU had not adhered to the Recruitment Rules and allowed ineligible candidates to participate in the examination, which could lead to illegal appointments and affect the seniority of qualified candidates.
Issues: The issues included the eligibility of the selected candidates, the adherence to Recruitment Rules, the regularization of the appellants, and the potential impact on seniority and appointments.
Ratio Decidendi: The court emphasized the importance of strict compliance with Recruitment Rules and highlighted the potential consequences of allowing ineligible candidates to participate in examinations and be appointed to posts, which could lead to violations of constitutional rights and principles.
Final Decision: The court allowed the appeal, set aside the previous judgment, and remanded the matter back to the learned Single Judge to decide afresh, considering all issues and controversies in light of the observations made.
SANJIV KHANNA, J.
( 1 ) THE appellants herein have challenged the judgment dated 8th May, 2006 passed in Civil Writ Petition No. 1163/95 and the order dated 3rd November, 2006 dismissing their Review Application No. 7971/06.
( 2 ) THE appellants were appointed as steno-typist by the erstwhile Delhi Electric supply Undertaking (hereinafter referred to as DESU, for short) on ad-hoc basis during the period between May, 1989-February, 1990, after holding a competitive examination. The appellants were regularized on different dates in 1992.
( 3 ) BY an employment notice no. F1 (69)/92/ao (PIV)/94-95/16 dated 19th August, 1994, DESU invited applications from its employees who had three years regular service in the grade of steno typist as on 30th September, 1994, for appearing in a departmental competitive examination for appointment to the post of Junior stenographer (English ). The appellants together with the respondent nos 7-12 herein and others appeared in this examination.
( 4 ) ON 23rd January, 1995, the respondent no. 2 DESU declared that the respondent nos 7-12 had been selected for the appointment to the post of Junior stenographer (English ). Aggrieved by the selection of respondent nos 7-12, the appellants approached this Court by way of Civil Writ Petition No. 1163/95.
( 5 ) BEFORE the learned Single Judge, it was urged by the appellants that the respondent nos 7-12 were not qualified and eligible for appointment to the said post, as they did not satisfy the condition of having served as regular employees for a period of three years in the grade as on 30th September, 1994. It was submitted that the result of the appellants had also not been declared.
( 6 ) THE same ground has been urged in this Appeal. Learned counsel for the appellant contended that the appellants were not permitted to appear in a similar Departmental Competitive Examination held in 1992 on the ground of not having completed three years' regular service.
( 7 ) LEARNED Single Judge, however, dismissed the writ petition, inter alia, holding that the appellants herein did not have actionable grievance. They had also appeared for selection as Jr. Stenographer in the limited departmental competitive examination in 1992, when they had not completed three years regular service in the grade of steno typist, but had failed to qualify. Ld. Single judge also held that the appellants had not qualified in the exam held in 1994. The Review Application was also dismissed by the learned Single Judge on the ground that the appellants had participated in a similar test in 1992 though they had not put in three years regular service and did not meet the eligibility criteria. It was further held that the Court was not empowered to review it's earlier order by re-examining and re-appreciating merits of the case once again.
( 8 ) OUR attention has been drawn to the Recruitment Rules for appointment to the post of Jr. Stenographer (English ). As per the said Recruitment Rules, post of jr. Stenographer (English) is a selection post. 75% of the said posts are required to be filled by limited Departmental Examination and 25% posts are to be filled by promotion. The qualification for recruitment by limited departmental Examination for the post of Jr. Stenographer (English) in DESU is steno-typist having three years regular service in the Grade having requisite typing and shorthand speed. The relevant portion of the Rule reads as under:-
SCHEDULE Recruitment Regulations for the post of Jr. Stenographer (English) in DESU (MCD) : 1. Name of post Jr. Stenographer (English) 2. No. of posts 45 3. Classification Class-III 4. Scale of pay Rs. 300-655 5. Whether selection post or Selection
Non-selection post 6. x x 7. x x 8. x x 9. x x
x x x x x x x x
10. Method of rectt. Whether by Direct Recruitment or by Deputation/ transfer and percentage of the vacancies to be filled by various methods 25% by promotion 75% by Limited Departmental Competitive
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