A candidate on a Reserve Panel has no indefeasible right to appointment once the panel's validity expires; such decisions must be rationally based and in compliance with legal constraints.

JUDGMENT

Siddharth Mridul, J. The present writ petition under Articles 226 and 227 of the Constitution of India has been instituted by Shri Ravinder Chauhan, the petitioner herein, assailing the order dated 01.06.2016 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred to as the `learned Tribunal'), dismissing O.A. No. 1088/2015 titled as `Ravinder Chauhan vs. UPSC & Anr.', preferred by the petitioner against the Union Public Service Commission (hereinafter referred as `respondent No.1') and the Central Forensic Science Laboratory (hereinafter referred as `respondent No.2') praying as follows-

"Direct Respondent No. 1 to recommend/release the name of the Petitioner, for the post of SSO-II Ballistic Division, CFSL, CBI, from the reserve panel as conveyed through letter dated 11/05/2010, for the post of SSO-II Ballistic Division, CFSL, CBI effective from May 2010 with all the consequent benefits till date.

AND quash the Impugned letters dated 28/05/2012, 15/07/2013, 19/12/2013, 5/03/2015 of Respondent No.1 and set aside the order dated 1/06/2016 passed in the OA No. 1088/2015

Any other order which this Hon'ble Court may deem fit may also be passed in favour of the Petitioner."

2. The factual matrix as is relevant and germane for the adjudication of the present proceeding, is briefly stated as hereunder:

i. Respondent No.1 had issued an advertisement No.12/2009 dated 03.07.2009 inviting applications for the two posts of Sr. Scientific Officer Gr.-II (Ballistic) (hereinafter referred to as `subject post'), that were vacant in the office of respondent No.2 (CFSL/CBI), New Delhi. Out of the said two posts, one post was reserved for OBC candidate and the other post was for the unreserved category. The requisite qualification for the said posts was a Master's degree in Mathematics or Physics or Chemistry, from a recognized university or equivalent, along with 03 years laboratory experience in Fire Arms and Explosives.

ii. Furthermore, a Reserve Panel was provided for, to reserve the name of one candidate; in the event of any of the selected candidates failing to join the subject posts within one year.

iii. Upon examination of the applicants for the subject posts, 17 candidates were prima facie found suitable and were consequently called for interviews; and out of those candidates - 12 candidates were finally interviewed on 19.04.2010 and 20.04.2010, while the others failed to appear.

iv. On 11.05.2010, respondent No.1 recommended the names of two candidates, viz Ms. Babita Gulia in the general category and Mr. R. Suresh in the OBC category, for the subject posts of Sr. Scientific Officer Gr II (Ballistic) CFSL/CBI, Ministry of Home Affairs. Simultaneously, a Reserve Panel of one candidate, valid for a period of 18 months from date of finalization of the recommendation of Commission by its Interview Board Report (hereinafter referred to as `IBR'), was earmarked, which could be extended upto two years, in case where the chosen candidate joined, but resigned or died within one year of joining.

v. Offer of appointment was made vide Office memorandum dated 04.10.2011, 29.12.2011 and 08.02.2012 to two selected candidates, amongst whom only one candidate namely, Ms. Babita Gulia joined as SSO-II Ballistic whereas, other selected candidate for the said post, namely, Mr. R. Suresh failed to join. Subsequently, a representation was made by Sh. R. Suresh, on 14.02.2012, expressing his inability to join the said post of Sr. Scientific Officer Gr-II (Ballistic). In response to the said representation, the respondent