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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Arun Kumar – Appellant
Versus
Chairman, Delhi Subordinate Services Selection Board – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)--The challenge in this writ petition is to an order dated October 14, 2022, passed by the Central Administrative Tribunal Principal Bench, New Delhi, (`Tribunal', for short) in Original Application No.2968/2022 (`OA', for short) whereby the Tribunal has dismissed the OA filed by the petitioner. The challenge of the petitioner before the Tribunal was to an order dated September 22, 2022, which is an order passed by the respondents pursuant to a direction given by the Tribunal in the earlier round of litigation initiated by the petitioner herein being in OA 2338/2022, which was disposed of on August 29, 2022, giving the direction to the respondents to consider the representation of the petitioner with respect to his claim for appointment to the post of Instructor Drawing under the OBC category. The Tribunal while rejecting the OA has in paragraphs 5, 6 and 7 stated as under:
"5. We have gone through the impugned order dated 22.09.2022. The facts contained therein are not disputed. The said order clearly mentions that the marks obtained by the last selected candidate in the OBC category are 82.75, whereas the applicant had secured only 82.25 marks. Th
The court upheld the principle that once vacancies are filled and waiting lists expire, claims for appointment cannot be considered.
The aggregate marks, rather than segment scores, determine eligibility for appointment under recruitment processes, emphasizing equitable treatment in public service.
The main legal point established in the judgment is the principle of migration from reserved category to open category based on merit, as mandated by Article 14 and Article 16(4) of the Constitution,....
Reserved category candidates with superior merit cannot shift to Open Merit post-appointment; waiting lists expire upon category filling, but reconsideration allowed subject to pending appeals.
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