Nepal Singh & Ors v. N.C.E.R.T. & Ors

S. RAVINDRA BHAT, J

VIPIN SANGHI, J.

NOVEMBER 13, 2014 sr

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 13.11.2014 % NEPAL SINGH & ORS. ..... Petitioner Through: Ms. Aditi Gupta, Advocate versus N.C.E.R.T. & ORS. ..... Respondent Through: Mr. R.K. Singh, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S. RAVINDRA BHAT. (OPEN COURT) 1. The petitioners are aggrieved by a decision of the Central Administrative Tribunal (CAT/ Tribunal), which dismissed their application T.A. No.16/2002 on 24.10.2002. The petitioners had earlier approached this Court in writ proceedings being W.P.(C.) No.1852/1998 challenging the inaction of the respondent/NCERT in not appointing them as Assistants in the Limited Departmental Examination Category (LDEC) Quota. 2. The facts necessary for deciding this petition are that in the respondent organization, the petitioners were Upper Division Clerk (UDC) with five years of service. The rules of recruitment for the promotional post, i.e. Assistant, indicated two channels of appointment – promotion by seniority to the extent of 50%, and the balance through LDEC quota. 3. On 30.01.1985, the respondent issued a notification calling for eligible candidates to apply and compete in the Limited Departmental Examination for the purpose of filling vacancies. Significantly, the vacancy position was not reflected in the notification. 4. When the matter stood thus, on 23.08.1985, the recruitment rules were amended and the quota for Limited Departmental Examination candidates was reduced to 25% (from the existing 50%). Such being the case, the test for the LDEC quota notified on 30.01.1985 was held on 30.05.1987. Based on the results of the select list, 10 candidates were initially appointed; they reported to the post. Subsequently, one more candidate Sh. J.L. Malhotra was appointed as Assistant. The petitioners kept representing to the respondent insisting that their candidatures too should be considered since their names figured in the select list and appointment letters ought to be issued to them. After waiting for a considerable period of time, the petitioners approached this Court by filing proceedings under Article 226 being W.P.(C.) No.1852/1998. In those proceedings, inter alia, the relief claimed was for appropriate direction to the respondents to appoint them to the post of Assistant with retrospective effect. 5. During the pendency of those proceedings, the respondent was notified as an organization subject to the Administrative Tribunals Act and pursuant to Section 29, the writ petition was transferred to the CAT. By the impugned judgment and order, the CAT held that there was no arbitrariness in the inaction alleged against the respondent, and dismissed the transferred writ petition – re-numbered as T.A. No.16/2002. 6. It is alleged on behalf of the petitioner by Ms. Aditi Gupta, Advocate that even though the petitioners could not have claimed a vested right to be appointed, nevertheless the respondent had to act in a fair and reasonable manner. It was contended that the select and arbitrary manner in which the initial panel was operated first in 1987, and subsequently in 1989 and the long spell of inaction indicated the respondent's ad-hoc and discriminatory approach. It was submitted that during the pendency of the proceedings before this Court in the writ petition, the respondents – without seeking leave of the Court, sought to cancel/scrap the panel, as was evident from the counter affidavit filed by it. The relevant decision of the respondent cancelling/withdrawing the panel initially drawn sometime after the selection test was held on 30.05.1987 reads as follows: "Item No.7: To consider the clarification received from the Government of India with regard to the continuance or otherwise of the Select List drawn for the post of Assistant in 1987-88 on the basis of Departmental Competitive Examination. It was informed that the Establishment Committee, in its earlier meeting held on 20.5.97 had decided to