K. G. BALAKRISHNAN, DEEPAK VERMA, B. S. CHAUHAN
Rakhi Ray – Appellant
Versus
High Court of Delhi – Respondent
Certainly. Based on the provided legal document, here are the key points:
Appointment over and above the number of vacancies advertised is unlawful and violates constitutional rights under Articles 14 and 16(1), as it amounts to arbitrary exercise of power (!) (!) .
Vacancies must be filled strictly in accordance with statutory rules; in the absence of such rules, directions from courts like Malik Mazhar Sultan should be followed, but these do not permit filling beyond advertised vacancies (!) (!) .
A waiting list is only operative for contingencies such as non-joining of selected candidates or extreme exigencies; it is not a source of recruitment for future vacancies unless specifically authorized (!) (!) .
Filling vacancies over and above those advertised, including future anticipated vacancies, is impermissible unless exceptional circumstances and a clear policy decision justify such deviation (!) (!) .
Once the advertised vacancies are filled, the selection process concludes; unexhausted merit lists or waiting lists do not confer an automatic right to appointment in subsequent vacancies that arise later (!) (!) .
Appointments must adhere to existing statutory rules and policies, and directions to amend or interpret these rules cannot override the statutory framework (!) (!) .
Changes to selection criteria during ongoing processes are generally impermissible unless statutory rules specifically permit such modifications; directions from courts are to be followed within the legal framework (!) .
Directions issued by courts for future appointments or amendments to rules are binding but do not authorize filling vacancies beyond those advertised unless explicitly provided for in statutory or policy provisions (!) (!) .
Empanelment or inclusion in a merit list does not create an indefeasible right to appointment; appointments must be made as per statutory rules, and the selection process concludes once the advertised vacancies are filled (!) .
Any appointment made outside the scope of the statutory rules or advertised vacancies is considered null and void, and courts uphold the importance of following the legal framework strictly (!) (!) .
Please let me know if you need further elaboration or assistance.
Judgment :
Dr. B.S. Chauhan, J.
1. Applications for permission to file Special Leave Petitions are granted.
2. Leave granted.
3. These appeals have been filed for seeking directions to the respondents i.e. the High Court of Delhi and the Lt. Governor of Delhi to offer the appointment to the appellants on the posts in the cadre of District Judges in Delhi Judicial Service.
4. Facts and circumstances giving rise to these appeals are that in order to fill up 20 vacancies in the cadre of District Judge in Delhi, the respondent No.1, the High Court of Delhi, issued an advertisement dated 19.5.2007. Out of these 20 vacancies, 13 were to be filled up from the General Category candidates; 3 from Scheduled Castes; and 4 from Scheduled Tribes. Appellants who belong to General Category, faced the selection process. The result was declared on 3.1.2008. Appellants found place in the merit list but much below. All the 13 vacancies in the said category were filled according to the merit list of General Category candidates. However, two posts reserved for Scheduled Castes candidates and four posts meant for Scheduled Tribes candidates could not be filled up for non availability of suitable candidat
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