The distinction between eligibility and seniority in the context of voluntary transfer and the constitutional validity of maintaining zone-wise cadres were central legal principles established in the judgment.

SANJIV KHANNA, J.

1. The petitioner – Ashish Kumar Jain at the time of his transfer from Calcutta Region to Delhi Region had furnished letter dated 19.09.2006, inter alia, accepting that his seniority in the Delhi Region would start from the date of his reporting for duty in the Delhi Region and his name would be placed below all the Inspectors (both permanent and temporary) in the Delhi Region on the date of his joining duty. Further, the petitioner would forfeit all claims for promotion/confirmation/regularisation in the old charge in accordance with the seniority allotted to him before transfer.

2. The said terms of transfer were in accord with the policy decision dated 14.05.1990. Earlier, the petitioner had written letter dated 31.05.2006 referring to his letters dated 24.09.2003, 27.11.2003, 26.04.2004 and 14.10.2004 and had sought transfer from Calcutta Region to Delhi Region (Charge). The aforesaid transfer was made pursuant to the said letters giving personal reasons for transfer to the Delhi Region (Charge).

3. Perceptibly, the petitioner had accepted the said terms and conditions and his seniority position on transfer to the Delhi Region (Charge).

4. The contention of the petitioner is that the principal of estoppel would not apply as the legal right cannot be battered and the legal issue is covered by the decision in Radhey Shyam Singh & Ors. vs. Union of India & Ors. (1997) 1 SCC 60. This decision had struck down zone wise selection of Inspectors and had directed that recruitment examination and selection should be an all or pan India exercise. There should be a common select list of candidates belonging to all zones. On this basis and foundation, the petitioner had filed O.A. No. 1647/2012, which has been dismissed by the impugned order dated 05.03.2014.

5. We have considered the said contention, but do not find any reason and ground to interfere. The issue before the Supreme Court in the Radhey Shyam (supra) was whether selection should be a zone-wise exercise, and whether such exercise would violate Articles 14 and 16 of the Constitution. This is clear from the following quotation:-

8. It is needless to emphasis that the purpose and object behind holding a recruitment examination is to select suitable and best candidates out of the lot and such an object can only be achieved by making a common select list of the successful candidates belonging to all the zones. On the other hand if zone-wise selection is made then various candidates who appeared in some of the zones and secured more marks than those who are selected from other zones would be deprived of their selection resulting into great injustice and consequent discrimination. Thus there can be said to exist no nexus between the aforesaid process of zone-wise selection and the object to be achieved, that is, the selection of the best candidates. That being so the process of selection as envisaged in paragraph 16 of advertisement in question and reproduced in the earlier part of this judgment would lead to discriminatory results because adopting the said process of zone-wise selection would result in the devaluation of merit at the selection examination by selecting a candidate having lesser marks over the meritorious candidate who has secured more marks and consequently the rule of equal chance equal marks would be violated. Such a process would not principles enunciated in Article 14 and 16 of the Constitution but it would also result in heart burning and frustration amongst the young men of the country.”

The issue raised and answered by the Supreme Court therefore related to the initial selection and appointment of Inspectors. In the zone-wise selection procedure as adopted, candidates who had secured more marks than those who are selected from other zones were deprived of their selection despite higher marks, resulting in great injustice and discrimination. It was directed that selection for each zone should be on an all India basis. The said dec