Central Administrative Tribunal, Delhi
27th
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 17th 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]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
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