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RAJIV SAHAI ENDLAW, AMIT BANSAL
Avichal Tomar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - On 27th May, 2021, when these petitions came up before us for admission, inter alia the following order was passed:
"3. The petitioner in both of these petitions was a candidate in the examination notified on 3rd March, 2018 for recruitment of Sub Inspectors in Delhi Police and Central Armed Police Forces (CAPFs) and for recruitment of Assistant Sub Inspectors in Central Industrial Security Force (CISF). These petitions have been filed, seeking a direction to the respondents CISF to grant the vacancies for the post of Sub Inspectors in Central Industrial Security Force against the vacancies of the year 2018, under the applicable Recruitment Rules .
4. It is the case of the petitioners, that (i) in the Notification dated 3rd March, 2018, though the tentative vacancies in Delhi Police and other CAPFs were notified but against vacancies of Sub Inspectors as well as Assistant Sub Inspectors in CISF it was mentioned vacancies will be intimated later ; (ii) at the time when the candidates were to exercise option of the force also, no opportunity to opt for CISF was given; and, (iii) the petitioners have qualified in the examination and as per their marks /
The court emphasized that the mere existence of vacancies does not create an obligation to fill them, and the government's decision not to fill vacancies was a policy decision.
The State is not legally obligated to fill vacant posts if it deems unnecessary, even in the presence of qualified candidates; vacancies do not create rights to appointments.
The cancellation of appointments made against the relevant rules and on the posts which are not sanctioned, cannot be permitted to hold the field. The court emphasized the importance of following the....
Administrative decisions affecting promotions must adhere to principles of natural justice; promotion cannot be revoked without a hearing, reaffirming employees' rights post-appointment.
The court affirmed that candidates on a Reserve Panel possess a legitimate expectation for appointment to unfilled vacancies, urging compliance with established recruitment protocols.
In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.
No vested right to promotion under repealed rules post-cadre merger; vacancies filled per rules in force at DPC consideration date. Backlog vacancies carried forward treated under new 70:30 direct-pr....
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