LAWS(DLH)-2019-9-345

SACHIN KUMAR Vs. UNION OF INDIA

Decided On September 04, 2019
SACHIN KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By the instant petition preferred under Article 226 of the Constitution of India, the petitioners, seek to maintain challenge to the recruitment process initiated vide advertisement dated 26.03.2019, which provides weightage of 10% to the contractual employees.

(2.) At the onset, it would be pertinent to note that the petitioners had originally filed the petition extending challenge to Rule 11(2) of FSSAI Recruitment Regulations, 2018 in short, 'the Regulations, 2018' as also the recruitment process initiated vide advertisement dated 26.03.2019. In view of the fact that there was also a challenge to a Rule under the Regulations, 2018, the writ petition was earlier heard by the Division Bench and during the course of hearing, the petitioners dropped the challenge to the subject rule and the relief prayed in the petition was restricted to the challenge extended to the process of recruitment initiated vide advertisement dated 26.03.2019.

(3.) In the submissions of the learned counsel for the petitioners, the weightage in selection process to the persons on contract in the services of the respondent, which is not to exceed 10% of the total score for the entire selection process, was unreasonable and could not be recognized under law and therefore the process initiated to fill any post vide advertisement dated 26.03.2019, was perverse and not sustainable.