Arbitrary denial of opportunity by recruitment agency violates constitutional rights of applicants when justified reasons for non-appointment are missing.

ORDER

Hon’ble Mr. Manish Garg, Member (J):

By way of filing the present OA, the applicant seeks the following reliefs:-

“(i) That the Hon'ble Tribunal may graciously be pleased to pass an order declaring to the effect that the whole action of the respondent No. 1 & 2 (DSSSB) not considering and not forwarding the dossiers of Reserved panel candidates for their appointment against the unfilled posts of Jr. Clerk in respect of post code No.13/2020 is totally illegal, arbitrary and discriminatory, and consequently, pass an order directing the respondent No. 2 to forward the dossier of Reserved panel candidates including the present applicant in respect of unfilled post of Jr. clerk in DTC in respect of post code No.13/2020 and to consider and to appoint the applicant and other candidates to the post of Jr. clerk immediately with all consequential benefits including fixation of pay and seniority from the date of other persons of same batch.

(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”

2. Narrating the facts of the case, learned counsel for the applicant submitted as under:

2.1 The Delhi Subordinate Services Selection Board (DSSSB), respondent no. 2 herein, issued Advertisement No. 01/2020 dated 01.01.2020, inviting applications for various posts, including 254 posts of Junior Clerk (Post Code 13/20) in Delhi Transport Corporation (DTC).

2.2 The applicant, having fulfilled all the eligibility criteria, applied under the Unreserved (UR) category. The applicant appeared in the written examination, qualified the same, and was thereafter shortlisted for the skill/typing test conducted on 05.06.2022, which the applicant also successfully cleared. The final result of the selection process was declared on 13.09.2022, wherein the last selected candidate under the UR category had secured 161.21 marks.

2.3 It is submitted that following the result, 52 UR category dossiers were placed in the waitlist, while 66 candidates, including the present applicant, were placed in the reserve panel.

2.4 The learned counsel further submitted that although the result was declared on 13.09.2022, the DSSSB failed to forward the dossiers of reserve panel candidates to the DTC within the panel’s validity period of one year, despite repeated requests made by the DTC. Consequently, the applicant has not been considered for appointment till date, without any justifiable reason.

2.5 Learned counsel for the applicant submitted that there existed an urgent requirement of Junior Clerks in DTC, and the department had requested for dossiers within time. Learned counsel referred to the reply filed by respondent nos. 3 & 4 (DTC), where it has been explained as under:

“In first instance, the department received 196 (100 in one batch and 96 in another one) e-dossiers out of 296 e-dossiers (includes main and waiting panel) as all dossiers could not be downloaded due to technical error from the DSSSB's website https:lleappointment.delhi.gov.in/, whereas the DTC was not able to download all the nominated dossiers the whole process of the recruitment came to a standstill. Accordingly, DTC took up the matter with DSSSB vide letter No. PLD- III/DSSSB/Jr.Clerk/2022/5835 dated28.12.2022 regarding receiving the e-dossiers of the said candidates by this Corporation for further necessary action by way of their completing the formalities for appointment to the post of Jr. Clerk as only 196 e-dossiers have been received on line on the website of DSSSB, so far. Rest of the e-dossiers were not received on line. DTC also requested to direct concerned authority to look into the matter at the earliest to avoid any complication at a later stage so that the process could be started for completing the pre-requisites for the post. Later on, the technical error was reso