Judgments – Law declared by the Courts: Delhi Police to fill 439 unfilled vacancies out of 707 advertised vacancies of Multi-Tasking Staff (MTS) from the Additional/Waiting List

Central Administrative Tribunal, Delhi

27^th September 2022

Delhi Police to fill 439 unfilled vacancies out of 707 advertised vacancies of Multi-Tasking Staff (MTS) from the Additional/Waiting List – Central Administrative Tribunal, Delhi

Vide Advertisement dated 17^th December 2017, the Delhi Police invited applications for appointment on 707 vacancies of Multi-Tasking Staff (Civilian) in 10 Trades (Safai Karamchari, Cook, Water Carrier, etc.) in Delhi Police. Recruitment process comprised of 2 tests i.e., a written test and a trade test.

Vide Result Notice dated 29.02.2020, 408 candidates were provisionally selected by the Delhi Police. Out of 408 candidates, only 268 candidates joined the police department. Consequently, 439 vacancies remained unfilled despite availability of shortlisted candidates (i.e., those candidates who qualified the written test as well as the trade test but, however, were not appointed by the Delhi Police and were kept in the additional/waiting list). Above all, the Delhi Police, instead of filling the unfilled vacancies from the shortlisted candidates, decided to re-advertise the unfilled vacancies.

Being aggrieved by the decision of the Delhi Police of not filling the unfilled vacancies, 29 shortlisted candidates filed an Original Application (O.A. No. 2047/2021) before the Central Administrative Tribunal, Principal Bench, New Delhi.

The applicants submitted before the Tribunal that at present 439 vacancies out of 707 vacancies, which were advertised, have remained unfilled and the respondents have given no reason whatsoever for not filling these vacancies. The applicants submitted that there are several shortlisted candidates available who have qualified both the written test as well as the trade test but, however, have not been appointed by the Delhi Police. The applicants submitted that the action of the Delhi Police is arbitrary, unconstitutional and against the conditions set out in the advertisement.

The Central Administrative Tribunal, while allowing the Original Application, directed the Delhi Police as under: -

“22. We are of the view that while the decision of the competent authority may be sound and well-reasoned, the process to arrive at this decision is not above questioning. The advertisement categorically mentions that all the 707 vacancies shall be filled up in accordance with the merit obtained by the candidates appearing for the selection process. Subsequently, by way of their own communication dated 10.06.2020, which is after the declaration of the results, the respondents have stated that the unfilled vacancies will be filled from the Additional List which will be declared shortly. There was absolutely no reason for the respondents not to declare the Additional List, especially when it was available with them and the Evaluation Officer who was of the rank of Special Commissioner of Police had prepared such a list and furnished it to the competent authority for approval, albeit a bit delayed.

23. In view of the above, we allow the present Original Application to the extent that a direction is given to the competent authority amongst the respondents to declare the complete result of all the candidates who have found place in the merit list for the advertised posts. The merit list in this context means the Main List, the Additional List, already prepared by the Evaluation Officer, and any subsequent list that may be prepared after due consideration to the number of posts advertised. The aforesaid directions shall be complied with and given effect to within a period of 10 weeks from the date of this order.”

[Pintu Meena & Ors. Vs. The Delhi Police & Anr., O.A. No. 2047/2021, Date of decision = 27.09.2022, Central Administrative Tribunal, Principal Bench, Delhi]

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