Piyush Sharma v. Union of India & Anr.

1. Vide the present petition, petitioner is seeking a direction to the respondents to submit complete record of the recruitment to the post of Deputy Judge Attorney General (Deputy Commandant), 2019.

2. Petitioner is further seeking a direction to respondent No.2 to issue him a letter of appointment/joining and send him on training immediately.

3. Pursuant to order dated 09.02.2023, respondents have produced complete record of the selection process for the post in question.

4. As per the record, the candidates selected for the aforesaid post have secured more marks than the petitioner herein. Two of them have an L.L.M. 16:07 Neutral Citation Number: 2023/DHC/001413 W.P.(C) 1658/2023 degree whereas the petitioner herein has an L.L.B. degree which is the eligibility condition for the aforesaid post.

5. The main contention of the petitioner is that he had received an Offer Letter dated 16.03.2022, but thereafter, he has not been offered the appointment.

6. Learned SCGC for respondents submits that the said Appointment Letter was inadvertently issued to the petitioner whereas the fact remains that the petitioner does not fall in the merit list.

7. Learned SCGC further submits that there were four candidates screened for the post of Deputy Judge Attorney General (Deputy Commandant), 2019. Out of them Mr. Deeptiman Yadav and Mr. Vijay Kumar, being the highest scorers, were selected against Unreserved Category. Since one post of EWS was vacant, Ms. Pooja Shekhawat (being in General category and being the third highest scorer) was selected under the EWS Category and the petitioner herein was kept in reserve/wait list.

8. In view of above, we find that the petitioner does not fall in the merit list and the appointment letter was inadvertently issued by the respondents to him.

9. Accordingly, the present petition is dismissed finding no illegality and perversity in the selection process.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE FEBRUARY 24, 2023 16:07