Delhi High Court Upholds Validity of Wait-List Panel in DSSSB Recruitment Case

Court mandates DSSSB to consider wait-listed candidates for vacancies arising during the extended validity period.

In a significant judgment, the Delhi High Court has ruled in favor of the respondents, Sahil Lohchab and others, in a legal battle against the Delhi Subordinate Services Selection Board (DSSSB). The court mandated that the validity of the wait-list panel for the recruitment of Warders (Male) must be counted from the date of the final result declaration, rather than the initial provisional results. This decision comes after the Central Administrative Tribunal had previously allowed the respondents' application, directing DSSSB to reconsider their candidatures based on merit.

The case, titled "Delhi Subordinate Services Selection Board v. Sahil Lohchab," revolved around the recruitment process for 401 advertised vacancies in the Prison Department of the Government of NCT of Delhi. The DSSSB had issued result notices on various dates, but the final supplementary result was declared on August 4, 2020. Initially, the DSSSB considered the wait-list panel valid until March 11, 2021, based on the first provisional result notice dated March 12, 2020.

The High Court, presided over by Justices Navin Chawla and Madhu Jain, emphasized that the wait-list panel's validity should extend one year from the supplementary result's declaration date, thus extending the validity until August 3, 2021. The court highlighted that vacancies arising from non-joining or cancellation of candidates' candidatures during this period must be filled from the wait-list.

The court criticized DSSSB's failure to forward the e-dossiers of all shortlisted candidates to the concerned department, contrary to established legal precedents. It also pointed out delays in the appointment process and DSSSB's casual approach, which resulted in unfilled vacancies despite available eligible candidates.

The judgment reaffirms the principle that while candidates in a reserve panel do not have an absolute right to appointment, the panel must be operated fairly and justly, adhering to the principles of non-arbitrariness and rule of law. The court dismissed DSSSB's petition challenging the tribunal's order and directed the board to consider the respondents' candidatures expeditiously.

The decision underscores the judiciary's role in ensuring transparency and fairness in public employment processes, safeguarding candidates' reasonable expectations and the state's obligation to act justly under Article 14 of the Constitution.

Bottom Line:

Employment Law - Validity of wait-list panel - One-year validity period of reserve/wait-list panel must be reckoned from the date of final result declaration, not provisional or partial results.

Statutory provision(s):  

• - Article 14 of the Constitution of India  
• - Notifications issued by Services Department, Govt. of Delhi  
• - Right to Information Act, 2005

Delhi Subordinate Services Selection Board v. Sahil Lohchab, (Delhi)(DB) : Law Finder Doc Id # 2800149