SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Del) 494

IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Saurabh Banerjee, JJ.
Md. Abdul Ahad Azim - Appellant
Versus
Union Of India & Ors. - Respondents
W.P.(C) No. 6679 of 2022, CM APPL. No. 28072 of 2023
Decided On : 11-03-2024

Advocates appeared:
Ms. Sangeeta Chandra, Advocate, for the Petitioner; Mr. D. S. Vohra, SPC, for UOI

A candidate's legitimate expectation for appointment should be honored based on the rules in effect during the recruitment process, despite later amendments altering eligibility criteria.

Headnote:(A) Recruitment Rules, 2010 - Constitution of India - Petitioner ineligible for recruitment under new Rules due to changes in eligibility criteria after prior selection. Issue of appointment resulted from a recruitment process initiated in 2008, now complicated by rules altering post designations. Court examined legitimate expectation against retrospective application of new criteria. (Paras 26, 33, 39)

(B) Legitimate Expectation - Expectation to be appointed post completion of recruitment process based on old rules treated as a right, thus applicable moving forward. (Para 33)

(C) Delay in Filing - Previous petition dismissed for delay with liberty to reapply; current application argued in light of prior meritorious selection but delayed. (Paras 10, 11)

Facts of the case:
Petitioner selected as washerman in 2008 recruitment, merit list published, but appointment letters were never issued due to cessation of Group 'D' posts following 6th CPC recommendations leading to merger with Group 'C'. Respondents refused to issue joining letter based on subsequent eligibility criteria not met by petitioner.

Findings of Court:
Court noted failure of respondents to honor legitimate selection process, stated issues stem from non-issued appointment conflicting with principles of legitimate expectation and non-arbitrariness under Article 14. Court retained previous recruitment selections under older eligibility criteria, allowing for training and appointment.

Issues: Whether new recruitment rules can retroactively affect a completed selection process; the legitimacy of the petitioner's expectation of appointment based on prior selection.

Ratio Decidendi: Court emphasized that newly established recruitment criteria cannot negate rights established during an active selection process already concluded under earlier rules, affirming that the existing procedures must respect legitimate expectations on the part of candidates.

Result: The petition is granted relief with conditions. Petitioner will be appointed in accordance with prior selection outcomes despite delay. Seeking to enforce material recruitment principles. No monetary benefits are awarded.

Table of Content
1. eligibility process under old recruitment rules. (Para 1 , 4 , 5)
2. initial court proceedings and dismissal. (Para 2 , 20)
3. cancellation of recruitment due to new rules. (Para 6 , 7 , 10)
4. challenge to new recruitment rules by the petitioner. (Para 8 , 9 , 14)
5. claims of candidate about recruitment rules and their applicability. (Para 15 , 16 , 18)
6. court’s analysis of the recruitment rule application. (Para 21 , 22 , 23 , 24)
7. judicial findings on the applicability of rules and recruitment rights. (Para 26)
8. assessment of legitimate expectation in recruitment. (Para 28 , 29 , 30 , 31)
9. conclusion on the legitimate expectations and the outcome. (Para 32 , 33 , 34 , 36)
10. final conclusions regarding the appointment based on earlier processes. (Para 39 , 40)

JUDGMENT

V. Kameswar Rao, J. - This petition has been filed by the petitioner with the following prayers:

    "a ) An appropriate writ, order or direction quashing the impugned letter dated 30.08.2018 issued by the respondent Authority declaring the petitioner ineligible for recruitment under the new Recruitment Rules, 2010 of Constable (Tradesmen) (Group 'C' Post);

    b) Directions to the respondents for issuance of the joining letter to the petitioner on the post of Follower Group 'D' post (Washerman) to which he was already selected in the recruitment process of October, 2008 and which now stands merged with Group 'C' posts; and/or

    c) Pass any other order/s, direction/s which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case to meet the ends of justice."

2. At the outset, it may be stated here that this petition was dismissed by this Court vide order dated April 27, 2022, wherein this Court had inter alia stated as under:

    "3. Vide the present writ petition, the petitioner is seeking quashing of the impugned letter dated 30.08.2018 issued by the respondent authority declaring the petitioner ineligible for recruitment under the new Recruitment Rules, 2010 of Constable (Tradesmen) (Group Cl' Post); directions to the respondents for issuance of the joining letter to the petitioner on the post of Follower Group 'D' post (Washermen) to which he was already selected in the recruitment process of October, 2008 which now stands merged with Group 'C' posts.

    4. It is not in dispute that the petitioner was selected to the post of enrolled Follower (Group 'D' posts) (Washerman) in the recruitment process of October, 2008. Thereafter, vide order dated 29.10.2009 issued by Ministry of Home Affairs, Government of India declared as under:

    "6th Pay Commission in its report vide recommendation in para 7.19.45 recommended that all the posts in CPMFs should be combatised like the position existing in the Defence Forces. The Commission, accordingly, recommended abolition of the cadre of Followers. The Commission further recommended that any further recruitment in the grade of Followers should cease immediately. The existing Followers should initially be placed in the -1S pay band (separately being recommended by the Commission for all Group D categories till the time they are re-deployed in the Group C posts). Proper training should be given to make them combatised and on successful completion of such training, they should be absorbed in the grade of combatant Constables against regular vacancies. The Commission finally recommended that all non essential jobs that can be done by outsiders without any operational problems but are presently being done by Followers, should henceforth be contracted out or outsourced. The above recommendation was accepted by the Government.

2. Keeping in view the operation problems in outsourcing the jobs presently being done by the Followers, the proposal for continuation of the Cadre of Followers in CPMFs has been reconsidered by the Government and the following decisions have now been taken in the matter:-

    i) All posts of Followers/other Gr. D posts in CPMFs may be converted into Group C posts and be placed in

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top