PILs are not maintainable in service matters, including challenges to the recruitment process and selection criteria.

W.P.(C) 16518/2023 Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 16518/2023 & CM APPL. 66610/2023

SOCIETY FOR HOLISTIC APPROACH AND DEVELOPMENT

..... Petitioner

Through:

Dr. Anup Kumar Mishra, Advocate.

versus

STATE NCT OF DELHI & ORS.

..... Respondents

Through:

Mrs. Avnish Ahlawat, SC, GNCTD

with Mr. N.K. Singh, Ms. Laavanya

Kaushik, Ms. Aliza Alam and Mr.

Mohnish Sehrawat, Advocates.

%

Date of Decision: 21^st December, 2023

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

1.

The present Public Interest Litigation (“PIL”) has been filed

challenging the process of recruitment of Probation Officers vide Vacancy

Notice/Advertisement No. 04/23 dated 20^th November, 2023 on the ground

that the same is not in consonance with the Recruitment Rules laid down as

per the Gazette No. 323 dated 9^th November, 2021 and the Delhi Probation

of Offenders Rules (Amended) 2019.

2.

It is submitted that as per Gazette No. 323 dated 9^th November, 2021,

the Delhi Probation of Offenders Rules (Amended) 2019 were amended

whereby the age limit for the post of Probation Officer was stipulated as

“not less than 25 years and not more than 40 years of age” at the time of first

Digitally Signed By:CHARU

CHAUDHARY

Signing Date:23.12.2023

21:11:02

Signature Not Verified

W.P.(C) 16518/2023 Page 2 of 5

appointment (exclusive of period of training) in the case of Junior Probation

Officers; and “not less than 30 years and not more than 40 years of age” at

the time of first appointment in the case of Senior Probation Officers.

However, in the Advertisement published by respondent no. 4 i.e. Delhi

Subordinate Services Selection Board (“DSSSB”), the required age limit for

the post of Probation Officer (Grade B) has been stipulated as “not

exceeding 30 years”.

3.

Thus, it is contended that there is a drastic contradiction between the

Recruitment Rules as published vide Gazette No. 323 dated 9^th November,

2021 and the Advertisement dated 20^th November, 2023 published by the

respondent no. 4, as the age limit for the post of Probation Officer has been

limited to 30 years, instead of age limit of 25-40 years. Further, the grade

pay is reduced to Rs. 4,200/- instead of Rs. 4,800/-.

4.

Having heard learned counsel for the petitioner, this Court is not

inclined to entertain the present PIL. By the present PIL, the petitioner is

essentially challenging the recruitment process as well as the selection

criteria as specified in the Advertisement Notice published by respondent

no. 4/DSSSB. Challenge to a selection process by contesting the selection

criteria cannot be subject matter of a PIL. It is no gainsaying that a PIL is

maintainable only when fundamental rights of the people are shown to be

violated. The purpose of PILs is to protect basic human rights of the

disadvantaged and is for the benefit of the poor and the underprivileged,

who are unable to come to Court due to some disadvantage.

5.

A process of selection for recruitment carried out by Government

Authorities cannot be allowed to be challenged by way of PIL, as laying

down the selection criteria and the required qualifications is within the

Digitally Signed By:CHARU

CHAUDHARY

Signing Date:23.12.2023

21:11:02

Signature Not Verified

W.P.(C) 16518/2023 Page 3 of 5

domain of the Appointing Authority. If any individual is aggrieved by any

criteria for recruitment, he or she has full authority to challenge the same in

appropriate legal proceedings.

6.

Holding that a PIL is not maintainable in service matters and that in

service matters only th