The main legal point established in the judgment is that the petitioners were entitled to appointment letters as they were within the wait-listed number in the select list and vacancies existed, and the authority's failure to provide valid and germane reasons for not filling the vacancies was unacceptable.

1. By this writ petition filed under Article 226 of the Constitution of India, the petitioners; first three petitioners falling in the General Category candidates and the fourth being the OBC Category candidate; seek the relief that they should be given appointment letters appointing them to the posts of Manager (Electronics) with the respondent no.1, inasmuch as petitioners were in the waiting list panel prepared with respect to the successful candidates, and that out of 87 candidates who were issued appointment letters, in the General Category only 65 candidates had joined leaving 22 vacancies unfilled/existing, and in the OBC Category out of 46 candidates only 34 joined leaving 12 vacancies unfilled/existing. The petitioners state that since they fell within that waiting list of candidates they had to be issued the appointment letters on account of the fact that only 65 out of 87 persons in the General Category joined and only 34 persons out of 46 persons in the OBC Category joined the service pursuant to the appointment letters issued. In sum and substance, what the petitioners claim is that the first three petitioners are entitled to the appointment letters in the General Category because out of the total number of 87 persons selected, only 65 persons joined the service and thus the remaining 22 persons falling in the waiting list have to be given the appointment letters, and the petitioner nos. 1 to 3 fell at serial nos.1, 3 and 14 in the waiting list ie within the vacancies qua 22 persons who did not join in the General Category. So far as petitioner no.4 is concerned, the case is that out of 46 appointment letters which had been issued in the OBC Category, only 34 persons joined leaving 12 vacancies, and since petitioner no.4’s name was the third name in the waiting list i.e within the 12 unfilled vacancies, hence petitioner no.4 should get the appointment letter.

2. The facts of the case are that respondent no.1/Airport Authority of India issued an advertisement No.2/2007 requiring appointment of 171 persons as Managers (Electronics). Out of 171 posts, 88 posts were for General Category, 46 posts for OBC Category, 25 posts for SC Category and 12 posts for ST Category. The total number of the aforesaid posts also included 5 posts for physically handicapped persons.

3. Examinations were conducted in which petitioners were successful. Interviews were thereafter conducted. This resulted in a select list being prepared with respect to 171 persons as also additional persons who were shown in the select list and which additional persons would be waitlisted candidates in the select list entitled to appointment in case the original number of persons to whom the appointment letters were issued did not join the service. In the General Category with respect to the 88 posts, a select list of 155 candidates was prepared, and with respect to the OBC Category for the 46 posts, a select list of 159 candidates was prepared. Petitioners, however in spite of the requisite number of persons i.e 87 persons in the General Category and 46 persons in the OBC Category not joining, inasmuch as 22 persons in the General Category and 12 persons in the OBC Category did not join, yet were not issued the appointment letters although since they fell within that wait-listed number in the select list, and which if complied with would have entitled the petitioners to the appointments to the posts of Manager (Electronics).

4. Respondent no.1, admittedly did not issue any notices to the petitioners or to any other candidates who would have been entitled to the appointments in view of 22 persons not joining in the General Category and 12 persons in the OBC Category, and instead conducted a fresh round of examination pursuant to an advertisement issued in July, 2010. By means of this advertisement of July, 2010, additional and other posts of Manager (Electronics) (ie other than posts advertised in 2007) were sought to be filled in by the respondent