Bench says public vacancies cannot be left unfilled when eligible candidates are available
New
Delhi, October 28, 2025
The
Delhi High Court upheld a Central Administrative Tribunal (CAT) order directing
the Delhi Subordinate Services Selection Board (DSSSB) to consider the
candidature of waitlisted candidates for the post of Warder (Male) in the Delhi
Prison Department.
A
Division Bench of Justice Navin Chawla and Justice Madhu Jain dismissed
DSSSB’s writ petition and held that the Board had wrongly curtailed the
validity of the waitlist, resulting in multiple vacancies being left unfilled
despite the availability of qualified candidates.
WAITLIST
VALID TILL AUGUST 2021, NOT MARCH 2021: COURT
The
Court ruled that DSSSB’s waitlist had to remain operative till August 3, 2021,
as the final supplementary result was published only on August 4, 2020.
The
Bench supported CAT’s finding that DSSSB was obligated to fill vacancies
arising due to non-joining, resignation, or cancellation of candidature
during the one-year validity of the panel.
“The
final result, if at all, was declared on 04.08.2020,” the judgment noted,
observing that the validity period must be reckoned from this date.
53
VACANCIES NOT FILLED DESPITE AVAILABLE CANDIDATES
The
Court took note of RTI records revealing that:
- 4 dossiers
were returned on 04.03.2021, before expiry of the waitlist
- 53 dossiers
were cancelled by August 2021, well within the valid waitlist period
Yet,
DSSSB did not operate the waitlist even though 105 vacancies reportedly
remained unfilled in the Prison Department. The Bench termed this an “arbitrary
and casual approach,” emphasizing that public posts must not remain vacant when
eligible candidates exist.
DSSSB
MUST FORWARD ALL ELIGIBLE CANDIDATES’ DOSSIERS
The
Court cited its earlier landmark ruling in Lokesh Kumar, reiterating
that DSSSB is duty-bound to forward dossiers of all
candidates above the cut-off, including those in the waitlist, to the user
department.
“It
does not serve public interest if public posts remain unfilled,” the Bench
observed, adding that the decision whether to fill vacancies rests with the
employer, not the recruiting agency.
RELIEF
FOR CANDIDATES; BOOST FOR TRANSPARENCY
The
judgment is widely being hailed as a victory for fairness, transparency, and
youth employment in Delhi. Waitlisted candidates, who had scored above the
cut-off and completed all formalities, will now have their cases reconsidered
for appointment.
DSSSB’S
PETITION DISMISSED
With
the writ petition dismissed, DSSSB will now be required to:
- Consider the
candidates’ merit position
- Forward their
dossiers to the Prison Department
- Ensure
appointments where candidates are otherwise eligible
[Delhi
Subordinate Services Selection Board & Anr. Vs. Sahil Lohchab & Ors.,
WP (C) No. 11843/2025, decided on 28.10.2025, Delhi High Court (Division
Bench)]
https://advocateanujaggarwal.com/home.php
Anuj
Aggarwal
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