Lilesh Kumar Tiwari vs Indo Tibetan Border Police Force

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1420

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manmeet Pritam Singh Arora, JJ.
Lilesh Kumar Tiwari – Appellant
Versus
Indo Tibetan Border Police Force – Respondent
W.P.(C) 5935 of 2023 & CM APPL. 23279-23280 of 2023
Decided On : 08-05-2023

Advocates appeared:
Mr. Ajay Garg, Ms. Tripti Gola, Ms. Lhingdeihat Chongloi, Mr. Arvind Sardana and Mr. Rohit Dhankar, Advocates, for the Petitioner.
Mr. Farman Ali, Senior Panel Counsel with Ms. Avshreya Pratap Rudy, GP, Ms. Usha Jamnal and Mr. Kishan Kumar, Advocates, for the Respondents.

Headnote:
Direction - Appointment - Representation for Unfilled Seat/Vacancy
Fact of the Case:

The petitioner sought directions to appoint them against an unfilled seat/vacancy for the post of Constable (Water Carrier) in ITBP, and to maintain the waiting/reserve list of candidates.
Finding of the Court:

The court directed the respondents to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order within three days thereafter.
Issues: Delay in deciding the petitioner's representation for appointment against unfilled seat/vacancy.
Ratio Decidendi: The court emphasized the need for timely decision-making on the petitioner's representation and directed the respondents to communicate their decision with a reasoned order.
Final Decision: The court disposed of the petition and pending applications, allowing the petitioner to approach the appropriate forum if aggrieved by the decision of the respondents.

JUDGMENT (Oral)

1. Vide the present petition, petitioner is seeking directions to the respondents to appoint the petitioner against one of the unfilled seats/vacancies which were left out due to non-joining of the selected candidates on the said post of Constable (Water Carrier) in ITBP/respondent No. 1 in the recruitment conducted vide advertisement issued in 2017 and to maintain the waiting/reserve list of the candidates in the recruitment to the aforesaid post.

2. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner has already made a representation dated 03.05.2023, however, till date, the said representation has not been decided by the respondents.

3. In view of above, we hereby direct the respondents to decide the abovementioned representation filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within three days thereafter with a reasoned order.

4. With the aforesaid directions, the present petition is disposed of. Pending applications also stand disposed of.

5. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representations, he may approach the appropriate forum.

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