LOKESH KUMAR Vs. DELHI SUBORDINATE SERVICES SELECTION BOARD, THROUGH ITS CHAIRMAN, FC-18, INSTITUTIONAL AREA, KARKARDOOMA, DELHI

JUDGEMENT

(1.) This Original Application is directed against the Respondent No. 1 - Delhi Subordinate Services Selection Board ('DSSSB for short) for their alleged arbitrary action in withholding the result of the applicant.

(2.) The undisputed facts in this case are delineated here. The Respondent No. 1 -DSSSB, as per the requisition of Respondent No. 2 i.e. Delhi Jal Board (DJB for short), the user department, advertised two vacancies (SC -01 and OBC -01) for the post of Assistant Chemist under Post Code 152/03, vide Advertisement No. 04/2003. The applicant is a Lab. Technician already working in the DJB. The post of Assistant Chemist is the promotional post for Lab. Technician. The applicant having qualified for the aforesaid post, as per the Recruitment Rules, applied for the same under the OBC category. As per practice, the DSSSB carry out physical scrutiny of the application forms only at the time of final selection to the post and the admit card for appearing in the examination/test are generated on the basis of information filled by candidates in their applications. The written examination for the aforesaid post was conducted on 19.12.2004 and the applicant appeared in the examination against Roll No. 15215239 as OBC candidate. The result of the written examination was declared on 01.04.2005. Obtaining 35/80 marks the applicant was ranked 2nd under the OBC category. One Shri Pratap Singh Yadav who secured 37.75/80 marks was the 1st rank holder in the said category. Since there was only one vacancy under the OBC category, the documents of the 1st rank holder alone were scrutinized and found that he did not enclose the copy of OBC caste certificate in support of his claim. His candidature was, therefore, kept pending for clarification. After receipt of clarification, the DSSSB found that Shri Pratap Singh Yadav was not eligible for the aforesaid post and they closed recruitment process and the unfilled vacancy was reported back to the user department for inclusion, in the next requisition, vide their letter dated 12.12.2007. As a result, the applicant, though ranked 2nd in the merit yet he was not considered for the post as no panel was prepared/maintained by the DSSSB. According to the DSSSB, they do not prepare any panel as a matter of policy as such panels would entail never ending process and the recruitment process would never come to an end.

(3.) The applicant was unaware of the aforesaid developments. As the DSSSB has already declared the result of the examination on 01.04.2005, in the merit list, he was shown as second in rank and the first rank holder Shri Pratap Singh Yadav did not join the respondent No.2, he was waiting for the call for appointment. As he failed to get any response for a considerable time, he approached the respondent DSSSB on 21.10.2008 under the Right to Information Act, 2005 to find out the reasons as to why the DSSSB has not recommended his name for appointment. In response to the aforesaid query, the respondent DSSSB informed him by the Annexure 'C letter dated 27.04.2010 that the recruitment under the said post code No. 0152/05 for the post of Assistant Chemist has been closed and one vacancy under the OBC category has been intimated to the user department for inclusion in the next requisition. According to the applicant, the DSSSB was not justified in closing the selection process as stated by them without nominating him who is the first eligible candidate in the merit list. He has also stated that Shri Pratap Singh Yadav should not have been indicated in the merit list. In any case, when he was not found eligible, the post should have been automatically offered to him who ranked 2nd in the merit list. He has, therefore, approached this Tribunal with this O.A, seeking the following reliefs: (a) direct the DSSSB respondent No. 1 to forthwith declare the result of the post of Assistant Chemist in OBC category (Post Code No. 0152/05) in DJB. (b) pass any other order appropriate order or relief which this Honble Tribunal deems fit and proper.