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HIGH COURT OF DELHI
Date of Decision: 28.10.2022
SACHIN & ORS. ..... Petitioner
Through: Mr. Ajay Garg, Ms. Tripti Gola, Mr. Harjot Singh, Advocates
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
JUDGMENT
1. In view of the reasons stated in the application, the delay of 95 days in filing the review petition is condoned.
2. Application stands disposed of.
REVIEW PET. 192/2022
3. Vide the present review petition, the review petitioner/respondent No.1 is seeking review of the order dated 08.03.2022 passed by this Court in W.P.(C) 3874/2022. 11:44
4. It is stated in the present review petition that the review petitioner/respondent No.1 is unable to act upon the DoPT OM dated 21.01.2020 as the said OM is not applicable to the respondents herein. The recruitment for filling-up vacancies created during 2018, 2019 and 2020 for the post of Head Constable (Ministerial) is already in process and it will take a minimum of 14 months’ time to complete the recruitment process, i.e. scrutiny of applications, PST/PET, skill test, written test & DME/RME etc.
5. It is not in dispute that as mentioned in the present review petition that the posts of Head Constable (Ministerial) are lying vacant for the year 2018, 2019 and 2020 and thereafter, some vacancies were created in 2021 and in
2022.
6. It is fact that for the last four years, no steps have been taken by respondent No.1 to fill-up the vacancies.
7. Today, learned CGSC appearing on behalf of respondent No.1 submits that it will take minimum 14 months to complete the recruitment process and fill-up the said posts, however, he failed to disclose at what stage the recruitment process is and the same has also not been mentioned in the present review petition.
8. It is also not in dispute that some aspirants have already become overage since 2018 and some aspirants are about to come in the bracket of overage. Thus, this situation cannot be left in the hands of the respondents.
9. It is further not in dispute that only respondent No.1 had admitted in the present review petition as to conduct the recruitment process and fill-up the vacancies for the years mentioned above.
10. Learned CGSC submits that since the Ministry of Home Affairs/respondent No.2 is the nodal ministry for all recruitment process, 11:44 therefore, without the approval of the said ministry, the recruitment process cannot be completed.
11. Accordingly, we hereby direct the respondent Nos.[1] and 2 to complete the whole recruitment process within 08 (eight) months from today, failing which the DG, CRPF/respondent No.1 and Home Secretary of respondent No.2 shall be personally liable for contempt of this Court for non-compliance of directions passed by way of this order.
12. With the aforesaid directions, the present review petition is disposed of.
(SURESH KUMAR KAIT) JUDGE (ANUP JAIRAM BHAMBHANI)
JUDGE OCTOBER 28, 2022 11:44