$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.02.2026 + LPA 789/2025 & CM APPL. 81565/2025 HIMANSHU CHAUBE .....Appellant Through: Mr. Babul Kumar, Advocate.

Versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Anshuman, SPC with Mr. Rahul Kumar Sharma, Advocate for UoI.

Mr. Abhishek Gupta, CGSC with Mr. Kumar Kartikeya and Mr. Chanakya Kene, Advocates for ONGC.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (ORAL)

1. This Letters Patent Appeal has been filed by the Appellant against the Judgment and Order dated 15.10.2025 (“Impugned Judgment”) passed by the learned Single Judge of this Court in W.P.(C) No. 10382/2025 (“Writ Petition”), whereby the Writ Petition filed by the Appellant seeking a direction to the Respondents to appoint him to the post of Junior Scientific Assistant (Geophysics–S) (“JSA F-1 Post”) under Advertisement No.

2/2022 (R&P) was dismissed.

2. The brief facts leading to the filing of the present Appeal are as under:

2.1. The Respondent–Oil and Natural Gas Corporation (“ONGC”)

issued an Advertisement No. 2/2022 (R&P) dated 07.05.2022, inviting applications for various junior level non‑executive posts, including one unreserved vacancy for the post of JSA F-1 in the Dehradun region.

2.2. The Appellant applied pursuant to the Advertisement and was issued an admit card to appear in the written examination held on 28.07.2022 at Haldwani, District Nainital, Uttarakhand.

2.3. The Appellant participated in the examination and secured

77.90 marks, obtaining second position in the merit list and being placed as waiting list candidate no. 1. He was, thereafter, called for document verification after qualifying the written examination on 12.12.2022.

2.4. The results were declared on 09.02.2023, which reflected the selection of one Ms. Ankita Kukshal (“Ms. Kukshal”) against the said vacancy, who joined the post of JSA F-1 at the Dehradun Work Centre on 06.03.2023.

2.5. Subsequently, Ms. Kukshal was selected for the post of Graduate Trainee (Geophysicist) (“E-1 Post”) under Advertisement No. 06/2022, which is an Executive level post, based on GATE‑2022 scores and personal interview. She was appointed to the said senior post at the Vadodara Work Centre on 19.05.2023, before completion of her probation on the junior post.

2.6. According to the Appellant, once Ms. Kukshal was relieved from the JSA F-1 Post, the vacancy stood revived, thereby entitling the Appellant, being first in the waiting list, to appointment against the said post. He relied upon ONGC’s Service Rules, particularly Clause 24(6), and office order dated 11.01.2019 (“Office Order”) to contend that where a selected candidate resigns within the validity of the panel, the next wait‑listed candidate must be appointed.

2.7. The Appellant sought information from the ONGC under the Right to Information Act, 2005 seeking clarification regarding the rules governing operation of the waiting list. In response, the Respondent-ONGC informed that the names of candidates from the waiting list are released only in the event a selected candidate fails to join, resigns, or is declared medically unfit. It was further clarified that the waiting list or panel remains valid for a period of six months from the date of declaration of results, extendable by another six months with the approval of the Competent Authority. The trigger for calling a candidate in the waiting list arises only upon cancellation of the initial appointment offer or acceptance of resignation by the competent authority, and only if the panel continues to remain valid. The Appellant contended that Ms. Kukshal’s relieving amounted to resignation, thereby triggering consideration of the waiting list.

2.8. Thereafter, the Appellant made several representations to the Respondent-ONGC seeking appointment to the revived vacancy but reportedly received no response.

2.9. As no appointment was offered to him, the Appellant filed the Writ Petition before this Court seek