Court rules error in recruitment advertisement does not create a right to appointment; Respondent may claim damages
In a significant judgment, the Delhi High Court has overturned an order by the Central Administrative Tribunal concerning a recruitment error made by the National Institute of Tuberculosis and Respiratory Diseases. The case centered around the erroneous listing of a Scheduled Caste (SC) category vacancy in a recruitment advertisement issued by an outsourced agency, Hindustan Life Care Limited, which led Ms. Shweta, a respondent in the case, to apply and subsequently top the written examination for a post that did not exist for her category.
The Division Bench, comprising Justices Anil Kshetarpal and Amit Mahajan, addressed the issue of whether a clerical error in a recruitment advertisement could create a vested right for an applicant when no vacancy existed. The Court concluded that the mistake by the outsourced agency in the recruitment advertisement does not confer a right to appointment for Ms. Shweta as no SC category vacancy was available.
The judgment elaborated on the doctrine of promissory estoppel, emphasizing that it does not apply in this scenario, as the error does not change the fundamental rules of recruitment, nor does it create a legitimate expectation of appointment in the absence of a vacancy. The Court further highlighted that Ms. Shweta was not entitled to age relaxation for the Unreserved (UR) category, as she had surpassed the maximum age limit for appointment under that category.
The Court noted that while Ms. Shweta's situation was unfortunate, the law does not permit appointments beyond the advertised vacancies. However, the Court granted her the liberty to pursue a claim for damages due to the error, should it be permissible under the law.
This judgment underscores the importance of accuracy in recruitment advertisements and clarifies that errors in such advertisements do not compel institutions to make appointments where vacancies do not exist. The case, referred to as "National Institute of Tuberculosis and Respiratory Diseases v. Ms. Shweta & Ors," serves as a precedent for similar disputes in recruitment processes.
Bottom Line:
Recruitment process - Error in advertisement by outsourced agency does not create a vested right for appointment when no vacancy exists in the advertised category.
Statutory provision(s): Doctrine of Promissory Estoppel, Recruitment Rules, Age Relaxation
