Negligence by public authorities in processing appointments can lead to candidates being unjustly denied opportunities, warranting judicial intervention to ensure fair treatment.

JUDGMENT :

Jyotsna Rewal Dua, J.

The selected candidates to whom the offers of appointment were given, did not join the post. Petitioner’s name figured in the waiting/merit list. Subsequent request made by respondent No.2-Board seeking recommendations of the next candidates from the waiting/merit list was not accepted by respondent No.1 on the premise that such request was delayed by 13 days from the outer limit of one year from the date of making initial recommendationsprescribed under its Rules of Business. Feeling aggrieved, petitioner has preferred this writ petition.

2. Facts:-

2(i). Respondent No.1-Commission issued an advertisement on 24.05.2022, inter alia, inviting applications for 22 posts of Electrician Power House Electrical (PHE) on contract basis to be filled up against Post Code 974 in respondent No.2-Board. Out of these 22 posts, four were meant for candidates belonging to Other Backward Classes (Unreserved) [in short ‘OBC(UR)’]. Petitioner participated in the selection process against the four posts meant for OBC (UR) category.

2(ii). Combined merit list of written screening test was prepared vide Annexure P-2. Petitioner’s name figured at Sr. No.72. Final result was declared by respondent No.1 on 21.06.2023. S/Sh. Vikram Singh, Abhishek, Abhay Sharma and Sachin were shown to have been recommended for appointment against four posts of Electrician meant for OBC (UR) category.

2(iii). All four candidates recommended by respondent No.1 for appointment as Electrician (PHE) against OBC (UR) category were offered appointment by respondent No.2. These candidates did not join the post within the stipulated period. On 10.10.2023, respondent No.2 requested respondent No.1 to recommend names of equal number of candidates for the post of Electrician (PHE) from the waiting/merit list to enable it to offer them appointments.

Five months after receiving the aforesaid communication from respondent No.2, respondent No.1- Commission vide its office letter dated 05.03.2024, informed that fresh recommendations by the Commission can be sent to the appointing authority only after cancellation of the offer of appointment to the previously recommended candidates and if the demand is received within one year from the date of sending first recommendations by the Commission, provided no fresh requisition had been processed and advertisement had not been issued for filling up of the said post in the intervening period.

2(iv). On 02.04.2024, i.e. about a month later, respondent No.2-Board brought to the notice of respondent No.1-Commission that as per Board’s past practices, separate orders cancelling/withdrawing appointment offers/orders are not issued to those who do not join within the prescribed period; This is for the reason that a column is always inserted by the Board in the appointment memo, clarifying that in case the offer is not accepted on the terms & conditions within the stipulated period from the date of issuance of order, the appointment shall stand automatically cancelled. Respondent No.2 once again requested respondent No.1 to send the names of equal number of candidates, inter alia, for the post of Electrician (PHE) from the waiting/merit panel to enable it to issue appointment orders against the vacant posts. Alongwith the response dated 02.04.2024, certain documents were also enclosed by respondent No.2, inter alia, clarifying that four persons selected against four posts of Electrician (PHE) meant for OBC (UR) category had not joined and their offers of appointment automatically stood cancelled as per the terms & conditions mentioned in the appointment memo.

2(v). Vide communication dated 05.04.2024, respondent No.1-Commission, while responding to respondent No.2’s letter dated 02.04.2024, again insisted that as per its Rules of Business, cancellation/withdrawal of appointment offered to the previously recommended candidates has to be issued by the cadre controlling authority to such of the candidates, who had not joined. Tha