Case Note & Summary
The petitioner, a Scheduled Caste candidate from Uttar Pradesh, applied for the post of Card Punch Operator Grade-III in the Oil and Natural Gas Commission (ONGC), a public sector undertaking. His name was forwarded by the Association and Organisation of Scheduled Castes and Scheduled Tribes pursuant to a special recruitment drive initiated by the Government of India to fill all backlog vacancies reserved for SC/ST by 30th September 1992. The petitioner was called for an interview along with nine other candidates and was placed at serial number 1 in the selection list. However, the respondent did not issue an appointment letter to the petitioner. Instead, the respondent subsequently filled the post through a different mode, allegedly by calling candidates from the employment exchange. The petitioner filed a writ petition seeking a direction to appoint him. The court examined the facts and found that the petitioner was selected as the top candidate in a special recruitment drive meant to clear backlog vacancies. The court held that the respondent's failure to communicate the selection and issue an appointment letter was arbitrary and violative of the constitutional mandate under Articles 14 and 16. The court rejected the respondent's argument that the petitioner had no locus standi, noting that the petitioner was a candidate who had been selected. The court also noted that the respondent had not followed the government instructions properly. Consequently, the court allowed the petition and directed the respondent to appoint the petitioner to the post of Card Punch Operator Grade-III with all consequential benefits, including seniority and continuity of service, from the date the post was filled by another candidate.
Headnote
A) Service Law - Reservation - Special Recruitment Drive - Backlog Vacancies - Government of India instructions to fill backlog vacancies for SC/ST by 30th September 1992 - Petitioner, a Scheduled Caste candidate, was placed first in the selection for Card Punch Operator Grade-III - Respondent failed to issue appointment letter and later filled the post through a different process - Held that the petitioner had a legitimate expectation and the respondent's action was arbitrary and violative of Articles 14 and 16 of the Constitution - Direction issued to appoint petitioner with consequential benefits (Paras 1-10).
Issue of Consideration
Whether the petitioner, who was selected as the top candidate in a special recruitment drive for backlog vacancies reserved for Scheduled Castes, is entitled to appointment when the respondent failed to issue an appointment letter and subsequently filled the post through another mode.
Final Decision
The court allowed the writ petition and directed the respondent to appoint the petitioner to the post of Card Punch Operator Grade-III with all consequential benefits, including seniority and continuity of service, from the date the post was filled by another candidate.
Law Points
- Special recruitment drive for backlog vacancies
- Reservation for Scheduled Castes and Scheduled Tribes
- Right to be considered for appointment
- Non-communication of selection
- Locus standi of third party
- Public sector undertaking obligation
