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DELHI HIGH COURT
V.KAMESWAR RAO
Devastotra Poddar – Appellant
Versus
Food Safety and Standards Authority of India – Respondent
| Table of Content |
|---|
| 1. petition background and prayers (Para 1) |
| 2. details of appointments and qualifications (Para 2 , 3) |
| 3. eligibility criteria and experience requirements (Para 4 , 5) |
| 4. arguments on applicant's eligibility (Para 6 , 8) |
| 5. respondent's legal standing and counterarguments (Para 7 , 9 , 10 , 11) |
| 6. implications of failed eligibility (Para 12 , 13) |
| 7. assessment of the recruitment rules' interpretations (Para 14 , 15) |
| 8. judgment regarding the lawfulness of appointments (Para 21 , 23) |
| 9. court's final decision and orders (Para 31 , 32) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--The present petition has been filed by two petitioners with the following prayers:
"The Petitioner therefore prays that this Hon'ble Court may graciously be pleased to:
(a) Issue a Writ, Order or Direction for quashing and setting aside of the Result Notice dated 24.12.2020 qua the candidates to have been illegally appointed for the post of Assistant Director (Technical) as published by the Respondent No.1, Food Safety and Standards Authority of India.
(b) Direct the Respondent No.1 to appoint candidates as per the Appointment Recruitment Notice No. DR-02/2019 dated 26.03.2019;
(c) To remove all the names of
Adherence to statutory recruitment criteria is essential, and appointments made contrary to prescribed experience requirements are deemed illegal.
Employment and Service matter - Post of Assistant Director (Technical) - Eligibility - None of respondents have two years of experience in immediate lower pay level in central dearness allowance even....
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Appointments made in violation of statutory rules are in violation of Article 14 and 16 of the Constitution of India and are in nullity.
Changes to selection criteria post-application process must not violate advertised conditions; clarity in rules ensures fairness in recruitment.
Writ jurisdiction under Article 226 does not extend to enforcing private contractual rights or grievances against private agencies when public law elements are absent.
Direct recruitment valid despite irregularities if bona fide; no retrospectivity for clarifications; delay bars challenges to settled seniority.
The court upheld the selection process for the Director (Operations) position, affirming that the petitioner did not meet the mandatory experience criteria as outlined in the advertisement.
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