SANJAY KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) An advertisement was issued by Delhi Subordinate Service Selection Board (DSSSB) inviting applications from eligible candidates to be appointed as Welfare Officer Grade II in the Department of Social Welfare under the Government of NCT of Delhi. Petitioners applied under the OBC category. The candidates who had applied, which included the petitioners were subjected to a written examination. Based on performance in the written test, some candidates which included the petitioners were called for an interview. Only one OBC candidate was finally offered appointment as against 10 vacancies notified as falling in the quota of OBC candidates. Petitioners have filed two captioned petitions alleging that since there exists vacant posts falling to the quota of OBC candidates, there is no reason as to why only one OBC candidate be appointed. Petitioner alleged that the Board is obliged to effect selection to all the notified vacancies and cannot adopt a criteria of having minimum cut off marks. It is allged that the Board has no jurisdiction to lay down any norm of selection unless it is specifically authorised by a rule to lay down a norm for selection.

(2.) Case of the respondent is that it received a request from the Government of NCT of Delhi to recommend, among others, 7 OBC candidates to be appointed as Welfare Officer Grade-II. It issued an advertisement on 31.7.1998. After completing the process of selection, only three names could be recommended. Four OBC vacancies remained unfilled. Subsequently, on 2.8.1999, it received further requisition to fill up 26 posts of Welfare Officer Grade-II, 10 falling to the quota of OBC candidates. It issued an advertisement on 26.11.1999 inviting applications but thereafter it received letter dated 29.12.1999 intimating that instead of 26 posts, only 11 were to be filled up, 3 of which fell in the OBC quota. Thus, the total vacancies which required to be filled were 4 unfilled vacancies of the year 1998 and 3 vacancies of the year 1999, in all, 7 in number. Written examination was held on 23.7.2000. Result was declared on 12.9.2000. 47 candidates which included 8 OBC category candidates were called for interview. After the interview, names of the candidates were put in a serial number in order of merit. 6 candidates under the unreserved category and one each in the OBC and ST category were recommended. It is stated that of the 8 OBC candidates shortlisted, only one could finally make it in the merit and in that view of the matter, petitioners were not empanelled and their names were not forwarded to the Government of NCT of Delhi to be appointed as Welfare Officer Grade-II.

(3.) Since the marking pattern and marking scheme was not disclosed in the counter affidavit, record was looked into at the time when arguments were heard on 5.4.2004.