Rakesh Kumar v. Jawaharlal Nehru University

1. This is a writ petition under Article 226 of the Constitution of India, 1950, inter alia seeking the following reliefs:- “(i) Issue a writ, order or direction in the nature of mandamus, or any other appropriate writ, directing the Respondent to consider the case of the Petitioner for appointment to the post of Assistant and issue him with appointment letter/offer for the post since he has qualified all stages of the recruitment process;

(ii) In the alternative, to issue a writ, order or direction in the nature of mandamus, or any other appropriate writ, directing the Respondent that in case he is held otherwise ineligible for the post of Assistant to consider the case of the Petitioner for appointment to the post of Junior Assistant and issue him with appointment letter/offer since he has qualified all stages of the recruitment process for the post;”

2. It is the case of the petitioner that he was posted as Data Entry Operator in the Department of Women and Child Development, Govt. of NCT of Delhi, under Ladli Scheme 2008 through outsource agency. While the petitioner was employed as such, the respondent by way of special recruitment drive issued a advertisement No. I/RC(NT)/2023 for filling up vacancies in various posts including the post of Assistant and Junior Assistant.

3. The petitioner had filled the online application and had applied for all the posts which were advertised in the SC category, however, the petitioner was issued an admit card of Assistant on 26.04.2023 in respect of the post of Assistant and Junior Assistant. It is submitted that the petitioner was successful in the written test and therefore made the cut in the shortlisted candidates for Skill Test for the post of Assistant as well as the post of Junior Assistant. The petitioner’s name figured at serial number 4 of the list which has been prepared as per the order of application in the list of Assistant and at serial number 45 of the list of Junior Assistant.

4. Subsequently, on 19.09.2023 the petitioner participated in the skill test for both the posts. He cleared the skill test which was reflected in the final list of candidates at serial number 3 of the post of Assistant only.

5. He was called for documents verification on 17.11.2023 which was scrutinized and no objections were raised at that time by the officers of the Respondent.

6. Learned counsel appearing for the petitioner further submits that the petitioner came to know that other candidates were already issued appointments letters sometimes in the month of December, 2023. He claims to have visited the campus of the respondent in the month of December, 2023 and since there was no response thereto, he filed the present petition on 18.12.2023

7. Mr. Kumar, learned counsel appearing for the petitioner submits that despite the fact that the petitioner has qualified all the rounds upto the skill test and the documents verification without any objection, there was no reason why the petitioner was not issued any appointment letter for the post of Assistant. He submits as per the counter affidavit the petitioner was not found qualified. Though Mr. Kumar disputes the said issue, however, he submits that even if the petitioner is allegedly not found eligible for the post of Assistant, yet the petitioner is qualified for the post of Junior Assistant and which is still open and available to him. He submits that the petitioner would be satisfied in case the respondent to consider the name of the petitioner for the post of junior assistant.

8. Per contra, Ms. Ginny J. Rautray, learned counsel appearing for the respondent disputes the contentions raised by the petitioner. She submits that it is only when the petitioner was not found suitable for the post of Assistant, that his name did not figure for the issuance of appointment letter for such post.

9. She submits that so far as the post of Junior Assistant is concerned, the petitioner can also be considered along with other eligible candidates for the post of junior assistant. Learned counsel submits that subject to fulfilling all conditions and eligibility, the petitioner would be surely considered along with the other candidates.

10. In view of above, binding the department to the statement given by Ms. Rautrary, the petition is disposed of directing the respondent to consider the name of the petitioner for the purposes of the post of Junior Assistant and if found fit and eligible issue appropriate appointment letter within four weeks from today.

11. The petition is disposed of along with all the pending applications.

TUSHAR RAO GEDELA, J. FEBRUARY 29, 2024