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DELHI HIGH COURT
NAJMI WAZIRI, SWARANA KANTA SHARMA
Ravi Raj – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to non-maintenance of reserve panel (Para 1 , 3 , 4) |
| 2. responsibility of union of india for unfilled vacancies (Para 2 , 7) |
| 3. difficulties in implementing the court’s previous directions (Para 5 , 9 , 10) |
| 4. court directive to prepare reserve list and issue appointment offers (Para 6 , 15 , 16 , 17) |
| 5. call for administrative decisions from department of personnel (Para 12 , 13 , 14) |
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioners impugn the order/judgment of the learned Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal') passed on 15.03.2019 in OA No.3528/2017; they seek issuance of a direction to the respondents to prepare, maintain and operate a Reserve Panel/Wait List apropos the recruitment process conducted by way of Combined Higher Secondary Level (10+2) Examination-2015; and consider the petitioners for appointment, by making appropriate recommendations to the various Cadres in accordance with their respective Merit Positions and to assign them all consequential benefits.
2. In essence, the issue before the court is whether any obligation
The court emphasized the obligation to maintain a Reserve Panel for timely appointments, asserting candidates have a legitimate expectation to be considered for unfilled vacancies, as mandated by ear....
A recruitment body is not mandated to maintain a waiting list unless explicitly stated in recruitment rules; candidates cannot claim such a right post-participation.
Candidates cannot claim a right for a reserve list unless it is mandated by specific rules or advertisement.
Reserve panel validity reckoned from last appointment date when operated in phases; arbitrary selective operation post-alleged expiry mandates one-time extension for higher-merit reserved category ca....
Recruiting agency cannot unilaterally cancel reserve panel despite user department's substitution request for unfilled vacancy; next meritorious candidate entitled to appointment consideration with n....
Arbitrary denial of opportunity by recruitment agency violates constitutional rights of applicants when justified reasons for non-appointment are missing.
Sub-clause (vi) of Rule 277A of Rules of 1996 read as Authorized Agency shall prepare category wise select list of candidates declared successful on basis of criteria of selection laid down.
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