Candidates have a legitimate expectation for appointment from the Reserve Panel against vacancies in public sector recruitment processes, as established by government directives.

JUDGMENT (Oral)

1. The above captioned three petitions have been filed by the petitioners seeking directions to the respondents to prepare, maintain and operate a Reserve Panel/Wait List with regard to the recruitment process conducted by way of Sub-Inspector, CAPFs & Assistant Sub-Inspector in CISF Examination-2017 as well as by considering the names of such candidates who were declared qualified and called for documents verification and further direction to offer appointment to the petitioners against the seats which have fallen vacant upon non-joining of successful candidates.

2. Since the facts and issues raised, and the prayers sought, in all the writ petitions are very similar, these petitions have been heard together and are being disposed of by this common judgment.

3. The facts leading to the present petitions are that, the petitioners had applied for recruitment of BSF, CRPF, ITBP and SSB in CAPF (AC) Examination, 2016 in W.P.(C) 9341/2018 and W.P.(C) 9368/2018 and recruitment of Sub-Inspector, CAPFs & Assistant Sub-Inspector in CISF Examination, 2017 in W.P.(C) 12528/2018 conducted by the respondents. After applying for the aforesaid services, petitioners qualified the Physical Efficiency Test and the Medical Examination Test. Consequently, petitioners of W.P.(C) 9341/2018 & W.P.(C) 9368/2018 were invited by respondent no.2 for a Personality Test and a final list of 170 successful candidates out of 179 posts was issued by respondent no.2 on 29.06.2018, however, did not issue any wait list thereafter.

4. Learned counsel for the petitioners submitted that in W.P.(C) 12528/2018, petitioners were declared selected by the respondents vide notification dated 31.10.2018 and were required to be issued appointment letters within reasonable time, however, instead of issuing the appointment letters, respondents revised impugned select list on 03.11.2018 on receipt of some representations from Ex-Servicemen candidates wherein 63 candidates of Ex-Servicemen category have been declared selected by replacing the petitioners, who belong to General and to OBC category. Being aggrieved, petitioners submitted representations on 05.11.2018 and 12.11.2018 but of no avail.

5. It is pertinent to note that such non-compliance by the respondents has continued despite specific instructions issued by this court in Union of India v. Shrey Bajaj & Anr, W.P.(C) No. 11739/2016 for the Department of Personnel & Training to maintain a Reserve Panel/Wait List by the recruitment agencies towards the recruitment process, (vide several Office Memorandums dated 10/06/1959, 18/01/1990 and 13/06/2000).

6. The learned counsel for the petitioners submits that the petitioners have a right of legitimate expectation in terms of DoPT Memorandum No.41 019/18/97 -Estt.(B) dated 13.06.2000, which directs inter-alia as under:

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2. The Fifth Central Pay Commission, in para 17.11 of its Report, has recommended that with a view to reduce delay in filling up of the posts, vacancies resulting from resignation or death of an incumbent within one year of his appointment should be filled immediately by the candidate from the reserve panel, if a fresh panel is not available by then. Such a vacancy should not be treated as afresh vacancy. This recommendation has been examined in consultation with the UPSC and it has been decided that in future, where a selection has been made through UPSC, a request for nomination from the reserve list, if any, may be made to the UPSC in the event of occurrence of a vacancy caused by non-joining of the candidate within the stipulated time allowed for