The Delhi High Court on 5th march 2013 in The Chairman, Delhi Subordinate Services Selection Board vs. Rajni and others in WP(C) 2552/2012 issued direction to Delhi Subordinate Services Selection Board to maintain reserve list that shall act as a reservoir for the appointment to the post lying vacant either on account of appointment letter not being offered or on account of those who do not accept the same. The Delhi High Court directed to Delhi Subordinate Service Selection Board to draw a panel that shall maintain the reserve list of the candidates securing marks above the cut-off in exams conducted by it and thereby accordingly in accordance to the merit be offered letters of appointment. The court directed the same on account of unfilled vacancies issued by the Board for positions available in Government department. The Delhi High Court observed that it is settled law that a candidate does not have a vested right to ensure that all vacant post are filled up but at the same time it is important that all those posts that remain unfilled are justified by a good reason. The Court further observed that in case sanctioned post are not filled up than the public interest is also not sub served. The Delhi high court issued these directions in view of deplorable situation of various post in government department that remain unfilled on account of letter of appointment not being offered to candidates due to defects in certificates that are mandatory required to be produced at the time appointment or candidates withdrawing from acceptance to posts. The Delhi high court was hearing the above mentioned matter wherein the Central Administrative Tribunal (CAT) had passed the order that the 2 vacant posts against the unreserved category shall be filled up by candidates of unreserved category securing marks above the cut off. The Tribunal issued this direction on the basis of direction issued against unfilled post of SC category and reasoned that candidates who secured marks above the cut off subject to the merit list warranted appointment in view that post were available. The matter pertained to 44 Pharmacist (Homeopathy) posts that were to be filled up candidates of the unreserved, SC, ST and OBC category. The 7 candidates of OBC, 2 candidates of SC, 1 candidate of ST candidates obtained marks that entitled them to merit list and thereby were adjusted against the post reserved for the unreserved category. 2 candidates from the unreserved list of the merit list owing some defects in the certificates were not issued offer letter for appointment leaving 2 post reserved for unreserved category vacant. The Respondent filed petition in CAT seeking appointment to above unfilled post against unreserved category. The Delhi High Court first of all set aside the directive issued on 4th July 2008 by Delhi Government to Delhi Subordinate Board that the results released by the board shall be confined only to the vacancies for which requisition is sent. The Court observed that this direction is contrary to law and without any rationality and the Board should make every endeavour to fill the vacant post and in case the post is left vacant than it should be justified. The Delhi high court observed that the direction issued by the Tribunal is faulty and observed that the tribunal cannot direct that two unreserved candidates be issued with letters offering appointment with reference to the result of the merit list when the evidence produced shows that unreserved candidate respondent has scored 112 marks and two candidates belonging to the OBC category have scored 116 and 113 marks respectively thereby entitling them be adjusted against the unreserved vacancies subject to the qualifying marks. The Delhi high court set aside the order of the CAT and directed Delhi Subordinate Service Selection Board to maintain a reserve list for filling up vacant post in view of the direction issued and modified the direction issued by the Tribunal and substituted it with direction of adjustment of the candidates belonging to OBC/SC/ST category to the post against the unreserved category in accordance to the marks obtained by them and directed further to issue letter offering appointment.
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