Result of competitive exam can be revised post-declaration and joining without notice if notification reserves right for merit corrections; no indefeasible right from short service; PwBD category interchange/carry forward upheld under DoPT guidelines.

O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The above captioned 02 Original Applications are being disposed of by this common order, with the consent of the learned counsel appearing for the respective parties, as the question of law involved, the material facts, the reliefs sought and the grounds urged therein are identical in all the cases. For the sake of convenience and to avoid repetition, the facts are being extracted from Original Application No. 060/19/2025. The relief claimed (in OA No. 19/2025) is as under:-

(i) To declare that the impugned Memo dated 27.12.2024 (Annexure A-5) is illegal, perverse, wrong and bad in law;

(ii) To quash and set aside the impugned Memo (Annexure A-5);

(iii) To direct the respondents to allow the applicant to continue working as MTS;

2. The facts, as taken from O.A. No. 19/2025, are that the applicant was appointed as Gramin Dak Sevak (GDS) on compassionate grounds on 03.08.2021. She belongs to Scheduled Caste category and is a person with benchmark disability (OH). Respondent No.2 conducted the Competitive Examination (CE-2024) for recruitment to the cadre of MTS from eligible GDS as per instructions of Respondent No.1 dated 05.04.2022, 31.10.2023 and 10.07.2024. 

3. The applicant appeared in the examination on 25.08.2024. The result was declared by Respondent No.2 vide OM dated 13.11.2024 (Annexure A-1). In sub-para (v) of para 3.6 under horizontal reservation, it was specifically recorded that “Sheetal, ABPM, Indl. Town SO, Jalandhar Dn., Roll No. 808072 of PwBD-SC (OH) has been selected against PwBD-SC (OH) for the vacancy year 2024.”

4. Pursuant to the said result, the applicant was allotted to HRO Ludhiana as MTS vide OM dated 21.11.2024 (Annexure A-2) and posted by the Head Record Officer, Ludhiana Sorting as MTS in Pay Matrix Level-1 vide OM dated 20.11.2024 (Annexure A-3). She relinquished charge as GDS on 21.11.2024 (Annexure A-4) and joined as MTS w.e.f. 28.11.2024. She worked for the month of December 2024 and was paid salary, as evidenced by the pay slip Annexure A-6.

5. On 27.12.2024, Respondent No.3 issued OM No. B3/Exam/GDS to MTS/2024 dated 27.12.2024 (Annexure A-5), sent to the applicant through WhatsApp, stating that “as per revised result name of Ms. Sheetal does not come in the result due to low merit in comparison to other candidates and her name is struck off from the record of HRO Ludhiana.” She was orally asked to go back and join as GDS.

6. The applicant has challenged the said action on the ground that once a duly declared result led to her appointment and she had joined and worked as MTS, the respondents could not cancel her selection without issuing any notice or affording her any opportunity of hearing. It is contended that the impugned memo has civil consequences and violates the first principle of natural justice. 

7. It is further contended that the respondents acted arbitrarily and with non-application of mind by first declaring the result and selecting the applicant under PwBD-SC (OH) for vacancy year 2024 vide Annexure A-1, and thereafter stating in the revised tabulation that “no OH vacancy is available.” The respondents, according to the applicant, cannot blow hot and cold and take inconsistent s