Kewal Kishore & Ors. v. Govt. of NCT of Delhi & Ors.

1. Issue concerns 14 appointments made in the year 2006 by the erstwhile Municipal Corporation of Delhi to the posts of JE (Civil/Electrical). 5% posts of JE (Civil/Electrical/Mechanical) were required to be filled up as per the 'Recruitment Regulationsfor the post of JE (Civil), JE (Electrical) andJE (Mechanical) General Wing ofMunicipal Corporation of Delhi-2006' from amongst departmental candidates possessing the requisite educational qualification and service rendered with the Corporation, which we find isfive years. The appointments had tobe on the basis of a Limited Departmental Competitive Examination, which was waived since only 14 eligible candidates were found and there were 43 posts available to be filled upinthesaid quota.

2. Concededly, the appointments were made by the then Municipal Corporation of Delhi exercising power under clause 5 of the Recruitment Regulations for the post ofJE (Civil), JE (Electrical) and JE (Mechanical) General Wing of Municipal Corporation of Delhi-2006. The Rule in question reads as under:- "5. Power to Relax - Where the Municipal Corporation ofDelhi isofthe opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recordedinwriting and inconsultation with thegovernment, relax any oftheprovisions ofthese regulations with respect to any class or category ofpersonsorposts. "

3. Since relaxation had to be in consultation with the Government, a reference was made to the Government of NCT of Delhi for relaxing the W.P.(C) 3968/13, W.P.(C) 4033/13, W.P.(C) 4558/13 &W.P.(C) 4033/13 Page 3of[6] requirement of the examination and the file was processed at various levels in the Government of NCT of Delhi before it finally reached the Lt.Govemor of Delhi.

4. On the said file, till date no decision has been taken.

5. In the year 2010, 21 appointments were made pertaining to the 5% departmental quota for the posts ofJE (Civil/Electrical/Mechanical).

6. During course ofarguments relevant file containing the decision of the Lt.Govemor has been perused by us. The file would reveal that a compositenote dated May 02, 2011 has triggered the applicationofmind by various authorities at different levels. The composite note refers to 14 appointments made to the post of JE (Civil) and JE (Electrical) in the year 2006 against 5% departmental quota on ad-hoc basis without conducting a Limited Departmental Competitive Examination. The note also records similar appointments made of 21 persons to the post of JE (Civil), JE (Electrical) and JE (Mechanical) filled in the year 2010.

7. The file would reveal that there was a serious taint noted in the appointments made against 5% departmental quota in the year 2010. The file would reveal that said aspect has permeated a decision taken by the Government ofNCT of Delhi i.e. the Lt.Govemor of Delhi.

8. It was in the context of the consultation required with the Government to relax the provisions of the Regulations that the matter was referred to the Government ofNCT of Delhi and reached the Lt.Governor of Delhi, being the Executive Head of the Government of NCT of Delhi. The record would reveal that the consultative process which commenced in the year 2006 has neither been approved nor dis-approved by the Government.

9. What has happened is that, as noted above, a composite note W.P. (C) 3968/13, W.P.(C) 4033/13, W.P.(C) 4558/13 & W.P.(C) 4033/13 Page 4 of[6] »:/ -r initiating the file on May 02, 2011 has been placed for consideration before the Lt.Govemor of Delhi. Further the taint in the 21 appointments made in the year 2010 has permeated the decision pertaining to the 14 appointments made in the year 2006.

10. Accordingly, with consent of learned counsel for the parties; noting further that as regards the North Delhi Municipal Corporation, learned counsel has been instructed to give the consent by Additional Deputy Commissioner/Engineer Mr.S.K.Yadav, and Chief Law Officer, the writ petitions stand disposed of setting aside the impugned order datedMay 02, 2013 passed by the Central Administrative Tribunal dismissing the Original Applications filed by the petitioners. The order dated June 29, 2012 passed by the trifurcated North Delhi Municipal Corporation, is set aside but only pertainingto the 14 appointments made in the year 2006.

11. As consented to by learned counsel for the parties, the Lt.Governor shall take a decision afresh onlywithrespect to the 14appointments made in the year 2006 and for which a reference was made to the Government of NCT ofDelhi in the year 2006 in the context ofthe consultation required as envisaged by clause 5 ofthe aforenoted rules.

12. Till the Lt.Govemor/Govemment ofNCT ofDelhi takes a decision status quo shall be maintained as oftoday.

13. Needless to state if writ petitioners are accorded the necessary benefits that would be the end of the mater. Should they be aggrieved by a decision taken by the Lt.Govemor of Delhi and any administrative order passed thereon the writpetitioners shall be entitled to remedies asper law.

14. It is further clarified that the reasoning of the Tribunal in the impugned order shall not be treated as a binding precedent at the second IV.F. (C) 3968/13, W.P.(C) 4033/13, W.P.(C) 4558/13 &W.P.(C) 4033/13 Page[5] of[6] 'h stage oflitigation should the need arise.

15. It is expected that the Lt.Govemor shall take the necessary decision as early as possible and preferably within a period of four months jBrom today.