MillenniumPost
Delhi

HC directs govt to fill up 25 vacant constable posts

The Delhi High Court has asked the city government to fill up 25 vacancies for male constables (executive) under the Other Backward Classes (OBC) category. These 25 men had obtained the required cut-off marks but were not given the appointment letters despite the posts remaining vacant.
The court said that empanelled candidates would be offered appointment strictly in order of their age, with the oldest one being issued the appointment letter and so on till all posts are filled. 

A bench comprising of Justice Pradeep Nandrajog and Justice V Kameswar Rao, making a reference to a judgment which said that unless there was a valid reason not to fill up notified vacancies, all notified vacancies had to be filled up if suitable candidates were empanelled, said, ‘Thus, as we understand the law, unless unfilled vacancies are carry forwarded at the next selection process and in said context the vacancies lapse, all posts notified as vacant have to be filled up so long as eligible candidates are available pursuant to a selection process.’
In 20 February 2009, commissioner of police issued an advertisement inviting applications from eligible candidates to fill up 6,141 vacant constable (executive) posts. Around 3,101 of these posts were unreserved, 1,658, 921 and 461 posts were reserved for OBC, Scheduled Castes and Scheduled Tribes candidates, respectively.

The court order followed an appeal from the Delhi government against Naresh Kumar, who had applied for the said post under the OBC category. He had cleared the written test and interview. He was also called for medical examination but was not on the final list of successful candidates.
While the selection process was on, another advertisement was issued by the commissioner of police inviting applications from eligible candidates to fill up 6,032 vacancies of constable (executive) male in November 2009.

Naresh, who secured 66 per cent marks, sought information under RTI as to why his name was not selected. He was informed that his candidature was cancelled since the last empanneled candidate too had 66 per cent marks and according to the rules if two candidates have the same marks the elder one gets preference. He had also asked if all notified vacancies were filled up and whether all empanelled candidates had joined. He was told that 25 of the 1,658 posts reserved for OBC candidates were unfilled.

Naresh approached the Central Administrative Tribunal, which directed the government to give him the appointment letter. Not satisfied with the tribunal order, the government approached the high court, which modified the tribunal order. 
While the tribunal had asked the government to give appointment letter to Naresh, observing that those who had not approached the tribunal had to be ignored (Govt said there were many more senior in age to Naresh and he could not get the appointment letter). HC, however, directed it to fill all vacancies on the basis of age.
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