India News | HC Dismisses Man's Plea for Appointment as Judicial Officer
Get latest articles and stories on India at LatestLY. The Delhi High Court Tuesday dismissed the petition of a man seeking to be appointed as a judicial officer under the Delhi Higher Judicial Service (DHJS) after creating a supernumerary vacancy, saying he does not have an indefeasible right to appointment.
New Delhi, Jan 17 (PTI) The Delhi High Court Tuesday dismissed the petition of a man seeking to be appointed as a judicial officer under the Delhi Higher Judicial Service (DHJS) after creating a supernumerary vacancy, saying he does not have an indefeasible right to appointment.
The petitioner had also sought de-reservation of seats meant for candidates belonging to the Scheduled Castes and Scheduled Tribes.
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The high court also rejected his contention that he is entitled to be considered for appointment as he belongs to the economically weaker section (EWS), calling it “unmerited”.
As an alternative prayer, the petitioner had sought setting aside the advertisement published on February 24, 2022 inviting applications for DHJS Examination - 2022.
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“The petitioner does not have any indefeasible right to be appointed to the DHJS. We are unable to accept that any order or direction requires to be issued to the respondents (Delhi government and Delhi High Court's administrative side) for undertaking any exercise for de-reservation of vacancies reserved for candidates belonging to Scheduled Castes /Scheduled Tribes,” a bench of Justices Vibhu Bakhru and Amit Mahajan said.
The bench said the authorities may consider de-reservation if seats remain vacant over a long period or for want of suitable candidates.
“In the event any such vacancies are de-reserved, the same would be available for being filled pursuant to the selection exercise conducted in the future.
"In any view, such vacancies cannot be made available for the selection process that commenced pursuant to the impugned advertisement. The vacancies, as advertised by the impugned notification, cannot be increased by diverting vacancies earmarked for the reserved category,” the bench said.
The high court said the petitioner cannot claim as a matter of right that the vacancies reserved for Scheduled Caste/Scheduled Tribe candidates be de-reserved.
It said the February 2022 advertisement did not contain any reservation for EWS category and "the petition is unmerited and is dismissed".
The Delhi High Court had issued the advertisement inviting online applications from eligible candidates for filling up 45 vacancies (43 existing and 2 anticipated) by way of a direct recruitment to the DHJS.
Of the 45 vacancies, 32 were for ‘General', 7 for ‘Scheduled Castes' and 6 for ‘Scheduled Tribes'. Out of the 45 vacancies, the reservation for persons with disabilities (PwD) was 3.
The petitioner said, after clearing two stages of the exam that was to be conducted in three stages, the petitioner appeared for interview and, in the final results he was ranked 37 on the merit list.
However, he was not selected as there were only 32 vacancies for the general category candidates.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)