Delhi High Court
Mr. Dinesh & Ors. vs Union Of India & Anr. on 24 August, 2022
$~22, 23, 24, 8, 9, 10, 1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: August 24, 2022
+ W.P.(C) 9858/2021 & CM APPL.30344/2021
RAJESH KUMAR & ORS. ..... Petitioners
Through: Mr. Pankaj Mehta, Mr. R.K. Mehta,
Ms. Shweta Soni, Mr. Prashant
Sharma, Ms. Akansha Singh, Ms.
Mitali Takkar and Mr. Bhavya Kohli,
Advocates.
versus
MINISTRY OF HOME AFFAIRS & ANR. ..... Respondents
Through: Ms. Arunima Dwivedi, CGSC with
Ms. Ashi Sharma, Mr. Ved Prakash,
Advocates with Mr. Dependra
Singh Negi, AC Officer in person.
W.P.(C) 11395/2021
RINKU AND OTHERS ..... Petitioners
Through: Mr. Anil Kumar Gupta, Advocate.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Ms. Neha Sharma, Advocate
W.P.(C) 12019/2021 & CM APPL.24791-92/2022
NEERAJ KUMAR ..... Petitioner
Through: Mr. Amit Kaushik, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Gigi. C. George, Advocate.
W.P.(C) 2673/2022
MAHARAJ SINGH ..... Petitioner
W.P.(C) 9858/2021 & connected matters Page 1 of 7
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
Through: Mr. Pankaj Mehta, Mr. R.K. Mehta,
Ms. Shweta Soni, Mr. Prashant
Sharma, Ms. Akansha Singh, Ms.
Mitali Takkar and Mr. Bhavya Kohli,
Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Ms. Neha Sharma, Advocate
W.P.(C) 3405/2022 & CM APPL.9973/2022
HEMANT KUMAR & ANR. ..... Petitioners
Through: Mr. Pankaj Mehta, Mr. R.K. Mehta,
Ms. Shweta Soni, Mr. Prashant
Sharma, Ms. Akansha Singh, Ms.
Mitali Takkar and Mr. Bhavya Kohli,
Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Ms. Arunima Dwivedi, CGSC with
Ms. Ashi Sharma, Mr. Ved Prakash,
Advocates with Mr. Dependra Singh
Negi, AC Office in person.
W.P.(C) 4100/2022
MR. DINESH & ORS. ..... Petitioners
Through: Mr. Amit Kaushik, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Rahul Shrama, CGSC with Mr.
C.K. Bhatt and Mr. Sparsh
Chaudhary, Advocates.
W.P.(C) 10724/2022
VIJAY KUMAR VERMA AND ORS. ..... Petitioners
Through: Mr. Anil Kumar Gupta, Advocate.
versus
W.P.(C) 9858/2021 & connected matters Page 2 of 7
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
UNION OF INDIA AND ANR. ..... Respondents
Through: Ms. Monika Arora, CGSC with Mr.
Yogesh Panwar and Mr. Rahul
Kumar Sharma, Advocates.
W.P.(C) 11693/2022
DHARAMPAL YADAV & ORS. ..... Petitioners
Through: Mr. Ritesh Dhir, Advocate.
versus
UNION OF INDIA & ANR. ... Respondents
Through: Ms. Bharathi Raju, Sr. Panel Counsel
R-1 & R-2.
Ms. Aishwarya Dobhal, GP.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. The issue raised by the petitioners in all the aforesaid writ petitions
emanate from the Recruitment Advertisement No.02/2018 dated 23.01.2018
for the post of Constable (Driver) published by respondent No.2. Vide the
said advertisement, respondent No.2 initially advertised a total of 134
vacancies, up to 04.05.2017, out of which 68 seats were reserved for Scheduled
Caste (SC) candidates, 47 seats for UR, 05 seats for ST and 14 seats for OBC.
Para 3(a) of the said Advertisement No.02/2018 reads as under:-
"3(a) Total vacancies include Backlog vacancies and may vary
due to administrative reasons. ITBP reserves the right to make
changes in sequence of the recruitment process after publication
of this advertisement. ITBP also reserves the right to cancel or
postpone the recruitment at any stage without assigning any
reason."
2. Vide order dated 30.09.2021, this court while issuing notice, directed
the respondents to file counter affidavit.
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
3. Thereafter upon inclusion of normal wastage vacancies from
05.05.2017 to 31.01.2019 (68 vacancies), fresh vacancies resulting from the
raising of two NDRF Bn (172 vacancies), the total vacancies were increased
from 134 to 374 out of which 56 (15 %), as per the reservation policy, were
kept reserved for SC category.
4. Upon review by the respondents, it was found that in Advertisement
02/2018, the total number of vacancies available up to 04.05.2017 were
advertised, as per the break-up given below:-
S. No. Category UR SC ST OBC Total
1 Vacancy as of 04/05/2017 as 47 68 05 14 134
per 200 point Roster
(including backlog
vacancies)
5. The aforesaid vacancies were calculated as per the post based roster,
as given in DoP&T OM No.36012/2/-Estt.(Res) dated 02/07/1997. While the
recruitment process was underway, 68 vacancies occurred due to normal
wastage i.e. promotion, deputation, retirement and discharge etc. up to
31.01.2019. Further, 172 fresh vacancies arose consequent upon the creation
of 02 NDRF Units. Thus, a total of 240 vacancies were added to the
previously advertised 134 vacancies. Therefore, 374 vacancies were
available for consideration and candidates were shortlisted accordingly, for
the next stage of recruitment process, i.e. Detailed Medical Examination.
6. At the time of allotting these 374 vacancies under various categories,
based on the premise that these are fresh vacancies and such distribution of
vacancies is to be done as per the 'Reservation Policy' (SC-15%, ST-7.5%
and OBC-27%) and not as per the „Reservation Roster‟, the respondents
distributed the vacancies as under:-
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
"i) SC-15% of 374= 56
ii) ST-7.5% of 374 = 28
iii) OBC-27% of 374 = 101
iv) UR=189
Total=374"
7. In view of above, the list dated 26.08.2021 of shortlisted candidates
was uploaded on the ITBPF website on 26.08.2021 for the next stage of the
recruitment process, i.e. Detailed Medical Examination.
8. As per above, after adding 25% in each category of vacancies, the
respondents prepared a category-wise list of total 469 candidates as under:-
Category Vacancies Main 25% Extended Total
However, 24 candidates (SC-6 and OBC-18) who were placed in the
extended list of UR category also figured in the reserved list of their own
category. Hence, after adjusting these numbers, actually, 445 candidates
(UR-213, SC-70, ST-35 & OBC-127) were called for the Detailed Medical
Examination.
9. Thus as per the revised/ correct calculation, the break-up of 68
vacancies occurring due to the normal wastage calculated as per post based
roster, is as under: -
Name of post Vacancies Category wise vacancies
UR SC ST OBC
Constable (Driver) 68 33 15 10 10
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
10. The break-up of the 172 fresh vacancies resulted from the raising of
two NDRF Bn. are as under: -
Name of post Vacancies Category wise vacancies
UR SC ST OBC
Constable (Driver) 172 89 25 12 46
11. Accordingly, as per respondents now the correct category-wise
vacancies, upon adding vacancies detailed in paras 4, 9 and 10 above, are as
under:-
S. Nature of No. of Category wise vacancies
No Vacancies Vacancies
UR SC ST OBC
1 Advertised vide 134 47 68 5 14
Advertisement No.
02/2018 (up to
04/05/2017)
2 Vacancies occurred 68 33 15 10 10
from 05/05/2017 to
31/01/2019 due to
normal wastage
3 Fresh vacancies 172 89 25 12 46
occurred due to the
raising of 02
Battalions of NDRF
4 Total vacancies 374 169 108 27 70
On the basis of the calculation of category-wise vacancies shown in
Para 7 above, 70 candidates of the SC category were called for DME for
filling up 56 vacancies of the SC category. Out of these 70 candidates (56+
14), only 54 could clear the DME. Now, since vacancies have been
recalculated as per the chart shown above, in order to fill up 108 vacancies
in the SC category, 54 more candidates in the SC category are required. It is
further submitted that consequent upon the re-calculation or revision of
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
vacancies, as aforementioned, the UR quota has now been reduced to 169
from 189 and as such, a few candidates in the SC category who could find
their place in the UR quota (189), owing to their merit may lose their
position in the UR quota list which has been drawn as per the earlier UR
quota (189) and these candidates (SC category) may have to be adjusted in
the overall vacancy now available for the SC category, i.e. 108 and similar is
the case in ST and OBC categories.
12. In view of the above we direct the respondents to declare the final
result of the Recruitment Advertisement No.02/2018 dated 23.01.2018 for
the post of Constable (Driver) published by respondent no.2 and after
completing the due process of selection, issue the appointment letter to all
the selected candidates detailed in para 11 above within four weeks from
today. With the aforesaid observations, we hereby dispose of the aforesaid
writ petitions alongwith the pending applications therewith, if any.
13. Needless to say, if any of the petitioner(s) is aggrieved by the
appointment made by the respondents, the same shall be open to challenge
before the appropriate forum.
SURESH KUMAR KAIT, J
SAURABH BANERJEE, J
AUGUST 24, 2022/So
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.08.2022
19:10:55
