Court mandates maintaining a waiting list for recruitment vacancies to ensure qualified candidates are appointed when opportunities arise, promoting fairness in the selection process.

Central Administrative Tribunal Principal Bench: New Delhi O.A. No.289/2025 M.A. No.288/2025 This the 03^rd day of September, 2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

Nidhi Chaudhary, (Appointment), Aged About 31 Years, D/o Sh. Dinesh Kumar, R-4/L, Police Station ColonY, Model Town-I, New Delhi-

110009 …Applicant (By Advocates: Ms. Priyanka Bhardwaj for Mr. M K Bhardwaj)

Versus

1. The Commissioner of Police, Police Head Quarters, Tower-01 Jai Singh Road, New Delhi-

110001

2. The Dy. Commissioner of Police (Recruitment), New Police Lines, Kingsway Camp, Model Town, New Delhi-110009

3. Staff Selection Commission, Through its Chairman CGO Complex, Lodhi Road, New Delhi …Respondent (By Advocate : Mr. Archit Vasudeva)

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

With the consent of learned counsel for both the parties, the present matter is taken up for disposal.

2. M.A. No. 288/2025 (Exemption) is allowed subject to just exceptions.

3. In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant seeks the following reliefs:

“i) To declare the action of respondents in not selecting the applicant for appointment to the post of Head Constable [Assistant Wireless Operator (AWO)/Tele- Printer Operator (TPO)], as illegal and issue appropriate consequential directions to appoint the applicant as Head Constable [Assistant Wireless Operator (AWO)/Tele-Printer Operator (TPO)] with all consequential benefits.

ii) To declare the action of respondents in not maintaining/notifying waitlist/reserve list for appointment as Head Constable [Assistant Wireless Operator (AWO)/Tele-Printer Operator (TPO)] against unfilled vacancies on account of non-joining, resignation, cancellation of candidature of selected candidates as illegal, and direct the respondents to fill up unfilled vacancies of Head Constable [Assistant Wireless Operator (AWO)/Tele-Printer Operator (TPO)] by appointing the applicant being a qualified candidate as per cutoff fixed by respondents.

iii) To award costs in favour of the applicant and pass any order or orders which this Hon'ble Tribunal may deem just and equitable in the facts and circumstances of the case.

iv) Any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case.”

4. At the outset, Mr. Archit Vasudeva, learned counsel for the respondents, submits that there is no need to file a counter affidavit as they are adopting the contentions made on behalf of the respondents in O.A. No. 3201/2024 & batch decided on 14.08.2025 by a co-ordinate Bench of this Tribunal. Learned counsel for the applicant also relies upon the said decision and seeks similar relief.

5. We have considered the submissions of learned counsel for both sides. Paras 19 onwards of the judgment in O.A. No. 3201/2024 & batch (supra) read as under:

“19. In view of the aforesaid discussion and considering the fact that the respondents themselves have admitted that certain vacancies have remained unfilled due to non-joining/resignation/cancellation of candidature, there is no justification in not maintaining a waiting list/reserve list for the said recruitment. The Hon’ble Supreme Court in catena of judgments has consistently held that a waiting list is not a source of recruitment but is meant to ensure that vacancies which arise due to non- joining/resignation/cancellation of selected candidates within the notified period do not go waste and deserving candidates immediately below the cut-

off can be accommodated.

20. We also note that similarly situated candidates in earli