Supreme Court Holds That Nobody Is Entitled To a Direction Contrary To Law, Even if No Action Is Taken in Court

Must Read

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Follow us

On 7th October, a two-judge bench of the Supreme Court set aside the High Court’s judgement directing the appointment of the respondents to the post of Constable (Executive), Delhi Police. The respondent was denied appointment under OBC Category post revision of results. 

Background

On 27 January 2013, a notice was published in the newspapers for filling up vacancies for the post of ‘Constable (Executive) – Male’ in the Delhi Police. The respondents were declared to be selected under the OBC category. During the course of scrutiny, the examination results were cancelled several times. However, the respondents to the present Civil Appeals were declared as selected from the OBC category in the revised results as well.

All the selected candidates were issued the prescribed forms so as to expedite the process of recruitment. In the ordinary course, both the respondents would likely have been appointed as Constables in the Delhi Police. However, on 29 September 2015, some other candidates approached the Central Administrative Tribunal. The applicants before the Tribunal challenged the answer keys in the written examination. 

The Competent Authority in Delhi Police appointed an Expert Committee to examine all the issues and to submit its report. In the meantime, the recruitment process for the joining of selected candidates was kept in abeyance and no offers for appointment were issued. The Expert Committee submitted its report. It was found that there were typographical errors in the answer keys. Resultantly, the entire result was revised. The cut-off for the OBC category after re-evaluation of results was 79.49134163 marks. The marks which were secured by the two respondents in the revised results fell below the mark. 

Umesh Kumar then filed a writ petition under Article 226 in the Delhi High Court which was allowed by a judgment dated 6.12.2018. It was directed to appoint the respondent to the post of Constable (Executive), Delhi Police. Hence, the present appeal was filed in the Supreme Court. 

Petitioner’s Contentions

Ms Madhavi Divan, ASG appeared on behalf of the petitioners. She submitted that:

  1. Both the respondents secured marks below the cut-off for the OBC category in the revised list. 
  2. More than 200 candidates ranked higher than the respondent Umesh Kumar and Satyendra Singh. 
  3. The mere fact that the respondents had been furnished with requisite documents including the agreement form did not confer a vested right to appointment. 
  4. The judgement of the Delhi High Court is contrary to the law laid down by a two-judge Bench of the Supreme Court in Rajesh Kumar vs State of Bihar (discussed below).

Respondent’s Contentions

Mr Salman Khurshid, Senior Counsel appeared on behalf of the respondents. He submitted that:

  1. Grave prejudice has been caused to respondents when they have ousted post revision of results. 
  2. There may be other candidates higher than the respondents in merit in the revised result, but none of them has approached the SC. Hence, the ultimate direction that was issued by the High Court should not be disturbed.

Issue 

Whether the respondents have a vested right of appointment and were entitled to a writ of mandamus.

Court’s Observations

A bench comprising Justices Dr Dhananjaya Y Chandrachud and Indira Banerjee made the following observations: 

  1. The respondents did not have a vested right of appointment. In Punjab SEB vs. Malkiat Singh, the SC held that the mere inclusion of a candidate in a selection list does not confer upon them a vested right to appointment.
  2. In Rajesh Kumar vs the State of Bihar, the Court then refused to oust those individuals from service who did not make the grade after revaluation of the result since they had been in service for nearly seven years. However, in the present case, the revised result was declared even before offers of appointment were made to the respondents since the entire process of recruitment had been put in abeyance.
  3. The respondent tendered his resignation to RPF without any justification when the recruitment process had not been concluded and even before an offer of appointment was made to him. In any event, it would have been open to him to seek re-enlistment in the RPF at the material time which he chose to not do.
  4. The High Court had been manifestly in error in issuing a mandamus to the appellant to appoint the respondents to the post of Constable (Executive) in Delhi Police. The direction was clearly contrary to law. The respondents have participated in the selection process and upon the declaration of the revised result, it has emerged before the Court that they have failed to obtain marks above the cut-off for the OBC category to which they belong.

Court’s Decision

The appeal was allowed. The judgments of the High Court were set aside. The Writ Petitions were dismissed. 

Click this link to view the original judgement


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court has drawn up the issue...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

More Articles Like This

- Advertisement -