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IN THE HIGH COURT OF DELHI
Najmi Waziri, Swarana Kanta Sharma, JJ.
Saloni Bansal - Appellant
Versus
Union of India - Respondent
W.P.(C) 7170 of 2022
Decided On : 09-05-2022




The court emphasized the necessity for timely resolution of recruitment disputes to prevent undue harm to candidates' employment prospects and ensure efficient administration.

Headnote:(A) Staff Selection Commission Exam Regulations - Combined Graduate Level Examination (CGLE) 2018 - Candidates in Tier-I, Tier-II, and Tier-III examinations - Petitioners challenging non-evaluation of answer-sheets leading to exclusion from final results, with potential prejudicial effects on their employment prospects - Court requested the Central Administrative Tribunal (CAT) to expedite disposal of pending Original Application (OA) due to adverse impact of delays. (Paras 4-8)

(B) Administrative Law - Principles of efficient administration and timely justice - Delay in resolving candidates' cases can lead to anxiety and health issues; thus, prompt decision-making is vital to uphold the principles of good administration. (Paras 5-7)

Facts of the case:
The petitioners, candidates in CGLE 2018, participated in all examination tiers but were not included in the final results due to non-evaluation of their answer-sheets, leading to a legal challenge in CAT that remained unresolved for an extended period. The petitioners expressed concerns over delays affecting their career prospects.

Findings of Court:
The CAT is directed to dispose of the petitioners' OA within four weeks due to the considerable delay and its implications on their future employment.

Issues: The court addressed the appropriate delay in adjudicating the petitioners' claims against administrative inaction and its consequences.

Ratio Decidendi: The court emphasized the importance of timely resolution of recruitment matters to prevent undue mental stress on candidates and asserted that the CAT must act expeditiously to maintain the integrity of the recruitment process.

Result: Petition disposed off as requested.

Table of Content
1. application allowed and petition disposed-off. (Para 2 , 8)
2. court's request for expedited proceedings. (Para 3 , 7)
3. petitioner's claims and delay in recruitment process. (Para 4 , 5 , 6)

JUDGMENT

Najmi Wazri, J. (ORAL)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 21965/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed-off.

W.P.(C) 7170/2022

3. Issue notice. Notice is accepted by the learned counsel named above for the respondents. At joint request, the petition is taken up for disposal.

4. The petitioners are the candidates of Combined Graduate Level Examination (`CGLE') 2018 being conducted by the Staff Selection Commission (`SSC'). They have participated in Tier-I and Tier-II examinations. The results of the said examinations were declared on 20.08.2019 and 25.10.2019 respectively. The Tier-III examinations were held on 29.12.2019. The petitioners claim to have performed well however their names were not included in the final result of Tier-III examination. Their success in this final result would have led to their appointment to the various posts in CGLE, 2018. The petitioners impugned the inaction of the respondents before the learned Central Administrative Tribunal, Delhi (`CAT') because the aforesaid examinations were scheduled for 18.12.2020 and 19.12.2020. Their prayer for interim relief was rejected on the ground that the answer-sheets of the petitioners for Tier-III Examination were not evaluated by the respondents,although the Tier-IV examination was scheduled for the next day. The petitioners were not permitted to take the Tier-IV examination.Instead the learned CAT held on 26.02.2021 that, "appointment of the last candidate under the relevant category pursuant to the selection process referred to in the present OA, shall be subject to the outcome of the OA".

5. The court is informed that the case before the learned CAT is ripe for hearing since 01.07.2021. The petitioners state that the recruitment process apropos other candidates has been initiated and they have already been appointed against the vacancies. The petitioners state that passage of time and the pendency of their case would prejudice them, albeit in case they are successful they would join the services as per their seniority and will receive other financial benefits. However, the uncertainty and indeterminate wait has its own adverse effects on an individual; it leads to unwarranted anxiety, stress-related health issues, non-optimal utilization of time, life passing-by, even frustration.

6. The history of pending matters, as available on the website of the learned CAT shows that the petitioners' OA has been ripe for hearing since 18.08.2021,it has been adjourned four times and is now listed for arguments on 26.05.2022.

7. Since the petitioners are desirous that the case be disposed-off as early as possible and since there is no objection to the relief sought by the petitioners, in the circumstances, the learned CAT is requested to dispose-off the pending OA of the petitioners preferably within four working weeks from 26.05.2022, especially in view of the fact that this will affect the future prospects of the 49 candidates (petitioners herein) who are aspirants for government recruitment.

8. The petition is disposed-off in terms of the above.

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