PRAMOD KUMAR Vs. DISTRICT AND SESSIONS JUDGE DELHI

JUDGEMENT

(1.) There were 99 temporary vacancies of Lower Division Clerks (LDC's) in the office of District & Sessions Judge, Delhi, as on 30th April 1993 comprising of:-

(2.) By letter dated 5th May 1993 these 99 vacancies were notified to Sub Regional Employment Exchange. In pursuance thereof names of about 2000 candidates were sponsored by the Employment Exchange. The selection procedure provided for a written test and a minimum typewriting speed of 30 w.p.m. for candidates who qualify in the written test. After these tests two separate merit lists of the candidates were prepared as under:-

(3.) These two lists were notified/displayed on notice board on or about 29th October 1993. A note was appended to the lists, inter-alia, to the effect that offer of appointment is being despatched to the candidates mentioned at Serial No. 1 to 103 of the list of General category candidates and to the candidates mentioned at Serial No. 1 to 37 in the list of SC/ ST candidates. According to the affidavit of the District Judge, soon after the list was displayed it was realised that under the provisions of Sub-section (1) of Section 4 of Employment Exchange (Compulsory Notification of Vacancies)Act, 1954, (for short 'the Act" it was necessary to notify the vacancies to the Employment Exchange and as such before making further appointments immediately anotice was displayed notifying on or about 1st November, 1993 that certain formalities/approvals to fill up further vacancies beyond Serial No. 66 in the case of General category and beyond Serial No. 33 in the case of SC/ST candidates have to be undergone and, therefore, in partial modification of the earlier order issuing of offer of appointment to candidates from Serial Nos. 67 to 103 (General) and Serial Nos. 34 to 37 (in case of SC candidates) has been deferred for the time being. In due course appointment letters were sent to 66 candidates of General category and 33 candidates of SC/ST category. Letters of appointments were not sent to the petitioners. The name of the petitioner No. 1 is at Serial No. 92 in the merit list of general category candidates and that of petitioner No. 2 is at Serial No. 83.