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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Rakesh Meena – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. summary of candidates' recruitment process. (Para 3) |
| 2. arguments regarding lack of supplementary list. (Para 4 , 5 , 6) |
| 3. court's observations on delay and relevance of recruitment. (Para 7 , 8 , 9 , 10 , 11) |
| 4. comparison with precedent cases based on prompt legal action. (Para 13 , 14 , 15) |
| 5. final order and dismissal of the petition. (Para 16) |
ORDER
[VIA VIDEO CONFERENCING]
CM No.20569/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
W.P.(C) 6552/2021
3. The 76 petitioners were candidates for recruitment as Constables in the respondents Railway Protection Force (RPF)/Railway Protection Special Force (RPSF), pursuant to the recruitment notification of November, 2011 for 17087 posts of Constables. The Select List of the said recruitment process was finally published on 17th September, 2014 and which did not contain the names of the petitioners.
4. The counsel for the petitioners has argued, that some other candidates, similarly placed as the petitioners, as well as some of the 76 petitioners herein, aggrieved from non-inclusion of their name in the Select List, in or about the year 2015
Delay in seeking appointment can result in the dismissal of a claim, especially when it creates issues of seniority and competition with other candidates.
Candidates must be afforded due process and cannot be rejected based on mere suspicion, especially when they have secured higher marks than the last selected candidates.
Waiting lists do not confer vested rights for appointment, and recruitment processes can lapse with new selections, as confirmed by the court.
Candidates have a legitimate expectation for appointment from the Reserve Panel against vacancies in public sector recruitment processes, as established by government directives.
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