Facts of the Case

DSSSB advertised in 2009 for head Clerk positions. The Tier-I examination was conducted after 5 years. E-admit cards were emailed, a process not mentioned in the advertisement. 4,712 candidates appeared while 62, 056 had applied. Candidates represented Delhi 22 pin codes out of 609. Subsequently, complaints were received about paper leakage, mass cheating, impersonation etc. Nevertheless, a Tier-II examination was conducted and the results declared on 15 July 2015. Delhi Deputy Chief Minister constituted a committee to enquire about complaints. The Committee arrived prima facie concluded serious irregularities, cheating and impersonation. Delhi Deputy Chief Minister ordered scrutinizing the consideration zone candidates, FIR and disciplinary proceedings against erring officers. The second committee found no irregularity in 281 candidates out of 290 in the zone of consideration. Some irregularities were noted for 3 candidates. At this stage, Delhi Anti Corruption Branch (ACB) seized files. Delhi Deputy Chief Minister noting irregularities ordered the cancellation of the selection process on 15 March 2016. Candidates approached Central Administrative Tribunal against the decision. The Tribunal on 1 February 2017 set aside cancelling the selection process and recommended appointments of successful candidates subject to the ACB investigation. On 13 January 2020, the Division Bench of Delhi High Court affirmed the decision of the CAT. However, Supreme Court on March 3, 2021, reversed the CAT and Delhi HC judgements on grounds of serious flaws in the selection process upholding the DSSSB decision to cancel the examination.

Judgment

In the present case, both the High Court and the Tribunal based their decisions on the Second Committee report on 281 candidates in the zone of consideration, in whose case the committee did not find any irregularities. So they held the entire selection process valid for these identified candidates. However, the Supreme Court observed that Delhi Deputy Chief Minister was justified in going beyond the second committee report and ultimately recommending that the entire process should be cancelled based on the findings of the first Committee that the entire process is irregular. The second committee report cannot be taken into account because it is limited to candidates in the consideration zone. The Supreme Court found that in this view of the matter, both the judgments of the Tribunal and the High Court are unsustainable. The DSSSB notification dated 15 March 2016 of GNCTD cancelling the Tier-I and Tier-II examinations held for recruitment to the post of Head Clerk [(Grade-II (DASS)] under post code 90/09 was upheld by the Supreme Court. The Supreme Court also directed that a comprehensive exercise to re-visit the modalities and safeguards be carried out within two months to ensure that the probity of the recruitment process in the future is maintained.

Conclusion

In the public selection process of appointments, equal opportunities to all must be ensured through a robust process that cannot be tainted. This is a constitutional requirement under Article 14 and Article 16 (1). If a taint is found, and if the taint is localized, the tainted candidates must be identified and action was taken on them. The remaining selection process may be continued. However, if a substantial part of the selection process is found by the authority to be tainted, then the entire process may be cancelled and the process may be held against with sound modalities not to repeat the tainting possibilities. The cancellation of the entire selection process must be the last resort.

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ABOUT THE AUTHOR
SANJAY CHAVRE
Senior Intern, Indian Law Watch
Mechical Engineer with MBA; LL.B ( First Semester) in Maharshi University of Information Technology, Maharshi Law School , NOIDA. 
He retired in Aug 2020 as Senior Development Officer in Ministry of Heavy Industry, Govt of India . Previously he was in charge of investment promotion and international cooperation between Europe and India in the Ministry of Industry and Commerce. Mr. Chavre has more than 37 years of work experience in the Government mostly in technology/ industrial development and promotion. He has been focal in raising institutions of industrial infrastructure and technology development in diverse fields like locks, stones, machine tools, auto components, tool rooms, Environment management facilities, quality & productivity improvement, manufacturing technology etc.