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Karamvir Petitioner v. Govt. Of Nct Of Delhi And Anr. S
Judgment Summary: Pradeep Nandrajog, J. — Writ Petitions relating to recruitment to Sub-Inspector (Executive), Delhi Police
Factual and Procedural Background
The opinion concerns five writ petitions filed by male Delhi Police personnel (working in posts below Sub-Inspector) who sought appointment as Sub-Inspector (Executive). Two recruitment advertisements were issued: one inviting applications by 18.02.2009 to fill 400 male Sub-Inspector vacancies, and a later advertisement (by 26.12.2009) inviting applications to fill 380 male Sub-Inspector vacancies (as well as 82 female vacancies). Both advertisements set out nationality, educational and age qualifications and provided separate vacancy break-ups described in the advertisements as “Open”, “Departmental” and “Ex-servicemen”.
The five petitioners completed application forms and marked themselves as competing as departmental candidates (three marked unreserved as departmental candidates; one marked departmental–SC and another departmental–OBC). After the selection process, their merit positions were lower within the departmental panel, so they were not appointed through the departmental quota; however, their marks exceeded the last selected candidate in the open (direct recruitment) category. They contended that they should also have been considered for appointment under the open/direct recruitment channel.
The Central Administrative Tribunal decided the matter in favour of the Delhi Police and against the petitioners. The Tribunal's decision (challenged in these writ petitions) rejected the petitioners' claim on the basis that they had opted to compete as departmental candidates and thus could not claim appointment under the open category. The writ petitions were heard by this Court.
Legal Issues Presented
- Whether personnel of Delhi Police who are eligible for appointment to Group ‘C’ posts can, in a common selection process, simultaneously be considered for (a) direct recruitment (open category) and (b) appointment through the Limited Departmental Competitive Examination (LDCE), or whether they can be compelled to elect only one channel.
- Whether age relaxation available to departmental candidates operates differently when appointment is by direct recruitment versus by LDCE — specifically, the interplay between Rule 7 and Rule 27-A of the Delhi Police (Appointment & Recruitment) Rules, 1980, and the correct application of age relaxation for departmental candidates in each mode of recruitment.
- Whether the petitioners were entitled to any relief despite not impleading the candidates already appointed through the direct recruitment/open channel.
Arguments of the Parties
Petitioners' Arguments
- The petitioners contended that they were entitled to participate in the open/direct recruitment channel as well as the departmental channel and could not be compelled to choose between these two channels.
- They asserted that their marks in the examination exceeded those of the last selected candidate in the open category and therefore they had a claim to appointment in the open category.
Respondents' Arguments (Delhi Police and Tribunal)
- The department maintained that once the petitioners had opted to compete in the departmental quota, they could not subsequently claim appointment in the open category.
- The department relied on the age limit provisions in the two advertisements (upper age limit 25 years with specified relaxations) and argued that the petitioners benefited from age relaxation applicable to departmental candidates and therefore could not claim the benefit of the open category limits.
- During hearings, respondents' counsel submitted that the candidates who had been appointed in the open category (and who had marks lower than the petitioners) were not impleaded either before the Tribunal or the Court; on that basis the respondents urged dismissal of the writ petitions for non-impleadment of necessary parties.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court undertook a rule-based analysis focusing on the Delhi Police (Appointment & Recruitment) Rules, 1980, particularly Rule 7 (relating to recruitment to the post of Sub-Inspector (Executive)) and Rule 27-A (relating to relaxation of upper age limit for departmental candidates).
Step-by-step reasoning contained in the opinion:
- Interpretation of Rule 7: The Court noted Rule 7 prescribes three distinct methods for filling Sub-Inspector (Executive) vacancies — (i) by promotion, (ii) by direct recruitment, and (iii) by appointment through a Limited Departmental Competitive Examination (LDCE). Rule 7 also prescribes that 50% of vacancies are by direct recruitment and 10% of the direct recruitment quota is to be filled by LDCE from among constables, head constables and assistant sub-inspectors with minimum five years’ service and specified age limits for LDCE.
- Interpretation of Rule 27-A: Rule 27-A provides for relaxation of the upper age limit for departmental candidates for direct recruitment against Group C and D posts — specifically stating departmental candidates get extended upper age limits (35 years for general and 40 years for SC/ST in the Rule as quoted).
- Application of the Rules to the facts: The Court concluded that Rule 27-A entitles Delhi Police personnel to age relaxation when they compete in the direct recruitment mode for Group C posts (which includes Sub-Inspector). Rule 7’s age provisions apply when appointment is through LDCE. Thus departmental personnel are entitled to age relaxation under Rule 27-A when they are competing for direct recruitment vacancies and to the age limits under Rule 7 when competing in LDCE.
- Conceptual distinction between channels and practical consequences: The Court emphasized that while a common/one factual examination can be held, legally the examination must be treated as conceptually two processes — one for direct recruitment and another for LDCE — and candidates eligible for both must be allowed to compete in both streams. Delhi Police's practice of labelling these as 'Open' and 'Departmental' and forcing a single-option tick amounted to a mischaracterisation of the recruitment methods and an impermissible curtailment of candidates' statutory rights.
- Limitations on relief: Despite recognizing Delhi Police's error in procedure and its misunderstanding of the rules, the Court observed that the petitioners had an opportunity to seek interim directions at the time they were required to make the option, but did not do so. By the time of litigation, vacancies had been filled and candidates appointed in the direct recruitment category (2009 and 2010 batches), and those appointed candidates were not impleaded in the Tribunal or Court proceedings. Because no directions could be issued that would adversely affect those appointed candidates in their absence, effective relief in favour of petitioners could not be granted.
- Other contested arguments: The respondents argued that different/lower physical endurance standards applied to departmental candidates; the Court found that the endurance standards complained of were provided only for older age brackets and not specifically for departmental candidates, and thus that argument failed.
Holding and Implications
Holding: The Court dismissed the writ petitions. The core ruling can be stated as: Writ petitions dismissed. The order was made without any orders as to costs.
Direct consequences for the parties:
- The petitioners did not obtain the appointments they sought because the vacancies in question had already been filled in 2009 and 2010 and the selected candidates were not before the Court; consequently, no remedial direction could be issued that would adversely affect those already appointed.
- The Court acknowledged a legal error in the manner Delhi Police treated recruitment channels and age relaxations, but practical relief was not available to the petitioners for the reasons stated above.
Broader implications and guidance:
- The Court advised that for future recruitments Delhi Police should avoid confusion by holding separate examinations for direct recruitment and for the Limited Departmental Competitive Examination rather than conducting a single unified process that forces candidates to choose a single option on the application form.
- The Court expressly warned Delhi Police not to conflate the age relaxation rules applicable under Rule 7 (which pertains to LDCE) with those under Rule 27-A (which pertains to direct recruitment for Group C and D posts) and noted that departmental candidates competing in direct recruitment are entitled to the relaxation under Rule 27-A.
- On the question of precedent, the opinion primarily applies the existing statutory rules to the admitted facts and provides practical guidance for future recruitment processes; the decision itself dismissed the petitions and did not, in the operative part, grant new relief altering already completed appointments.
This summary is prepared strictly from the content of the provided opinion. No external material or additional precedents have been introduced.
PRADEEP NANDRAJOG, J.
1. To fill up 400 vacant posts of Sub-Inspector (Executive) - Male, in Delhi Police, applications were invited by February 18, 2009, indicating that the break-up of the 400 posts proposed to be filled up are as under:-
UR OBC SC ST Total Open 172 68 55 25 320 Departmental 21 09 07 03 40 Ex-servicemen 21 09 07 03 40
2. The eligibility conditions notified were as under:-
“ELIGIBILITY CONDITIONS
a. NATIONALITY:
Applicant should be a bona fide citizen of INDIA.
b. EDUCATIONAL QUALIFICATION:
The minimum educational qualification required is a Bachelor's degree from a recognized university.
c. AGE:
20 to 25 years as on 01.01.2009, i.e those born not earlier than 02.01.1984 and not later than 01.01.1989 will be eligible. The upper age limit as prescribed above will be relaxable only in the following cases:-
i. Upto a maximum of 05 years, if a candidate belongs to a Scheduled Caste or a Scheduled Tribe category
ii. Upto a maximum of 3 years, if a candidate belongs to an OBC category. This relaxation is admissible for those castes notified in the Central List and the List issued by the Govt. of NCT of Delhi. No other certificate will be accepted as sufficient proof.
iii. Age concession to Ex-Servicemen will be allowed in accordance with the orders issued by the government from time to time. They will be permitted to deduct the period served in the armed forces from their actual age and the resultant age, so derived, should not exceed the prescribed age limit by more than three years. It is further clarified that an ‘Ex-Servicemen’ means a person, who has served in any rank whether as a combatant or non-combatant in Army, Navy or Air Force of the Indian Union and who retired from such service after earning his pension.
iv. Relaxation in the upper age limit is admissible upto 40 years (43 years for OBC, 45 years for SCs/STs) for departmental candidates of Delhi Police.
A ‘departmental candidate’ means a Constable, Head Constable or a Asstt. Sub-Inspector enlisted in Delhi Police with a minimum of 5 years service and who otherwise fulfils all other qualifications.”
3. Another advertisement was issued inviting applications by December 26, 2009 to fill up 380 vacant posts of Sub-Inspector (Executive) - Male and 82 vacant posts of Sub-Inspector (Executive) - Women in Delhi Police; indicating the break-up as under:-
SUB-INSPECTOR (EXE.)-MALE
General OBC SC ST Total Open 155 61 56 32 304 Departmental 19 08 07 04 38 Ex-servicemen 19 08 07 04 38 WOMAN SUB-INSPECTOR (EXE.)
Genl. OBC SC ST Total 43 22 13 04 82
4. Since the above captioned writ petitions concern only male candidates, we note the eligibility conditions notified pertaining to the males. The same are as under:-
“ELIGIBILITY CONDITIONS
a. NATIONALITY:
Applicant should be a bona fide citizen of INDIA.
b. EDUCATIONAL QUALIFICATION:
Should have a Bachelor's degree from a recognized university at the time of filling up of application form.
c. (I) AGE (MALE CANDIDATE):
20 to 25 years as on 01.07.2009, i.e those born not earlier than 02.07.1984 and not later than 01.07.1989 will be eligible. The upper age limit as prescribed above will be relaxable only in the following cases:-
i. Upto a maximum of 05 years, if a candidate belongs to a Scheduled Caste or a Scheduled Tribe category
ii. Upto a maximum of 3 years, if a candidate belongs to an OBC category. This relaxation is admissible for those castes notified in the Central List and the List issued by the Govt. of NCT of Delhi. No other certificate will be accepted as sufficient proof.
iii. Age concession to Ex-Servicemen will be allowed in accordance with the orders issued by the government from time to time. They will be permitted to deduct the period served in the armed forces from their actual age and the resultant age, so derived, should not exceed the prescribed age limit by more than three years. It is further clarified that an ‘Ex-Servicemen’ means a person, who has served in any rank whether as a combatant or non-combatant in Army, Navy or Air Force of the Indian Union and who retired from such service after earning his pension.
iv. Relaxation in the upper age limit is admissible upto 40 years (43 years for OBC, 45 years for SCs/STs) for departmental candidates of Delhi Police.
A ‘departmental candidate’ means a Constable, Head Constable or a Asstt. Sub-Inspector enlisted in Delhi Police with a minimum of 5 years service and who otherwise fulfils all other qualifications.”
5. In the application forms columns were provided, requiring the eligible applicants to ‘tick’ the applicable column; for example, to ‘tick’ if the candidate was an OBC against the column ‘OBC’. Since the posts advertised were indicated separately for departmental candidates as also those who were competing under the category ‘Open’, the application form had a column where the relevant category had to be ticked.
6. The five captioned writ petitioners who are working in the Delhi Police in posts lower to the post of Sub-Inspector and are all males were desirous to participate in the selection process. They filled up the application forms and indicated therein that they would be competing as departmental candidates. Two of them, Karamvir and Rajbir further indicated that as a departmental candidate the former would be competing as an SC candidate and the latter indicated that he is an OBC. The other three indicated that as departmental candidates they would be competing in the unreserved category.
7. Subjecting all candidates i.e those who competed in the open category and departmental category, the five writ petitioners found that their merit position was lower in the merit panel of the departmental candidates and thus they could not earn an appointment to the post of Sub-Inspector, but with reference to the merit position in the open category, they found that marks obtained by them were more than the last selected candidate in the open category. They started raising an issue.
8. The issue raised was that all of them were entitled to even participate in the open category and raised the grievance that they could not be compelled to opt to compete either in the open category or in the departmental category. They claimed that both channels were open to them and since merit of participants who swam in both channels was tested with respect to the same examination, the staked a claim to be promoted in the open category.
9. The response of the department was that having opted to compete in the departmental quota category, the five could not stake a claim to be promoted in the open category, and vide decisions impugned in the writ petitions, the verdict of the Central Administrative Tribunal is in favour of Delhi Police and against the petitioners. The reason given by the Tribunal is that having opted to compete in the departmental category quota, the petitioners cannot claim any right to be promoted in the open category. As per the respondents, the upper age limit was 25 years, relaxable for 5 years for candidates belonging to the SC/ST category and 3 years for OBC candidates, as per condition c(i)(ii) of the two advertisements, and since the petitioners were above said age, they availed the benefit of upper age relaxation limit admissible to departmental candidates of Delhi Police and thus it was urged that the petitioners could not compete in the open category.
10. During hearing of the writ petitions, when attention of the learned counsel for the parties was drawn to the Delhi Police (Appointment & Recruitment) Rules, 1980, learned counsel for the respondents, short of expressly conceding that the entire selection process was under a misapprehension and in any case a wrong understanding of the law, simply urged that since the persons appointed in the open category having marks less than the writ petitioners were not impleaded either before the Tribunal or before this Court, and thus the writ petitions should be dismissed for nonimpleadment of necessary parties.
11. Since the pleadings of the parties are at variance with the legal position, we would be constrained to decide the writ petitions applying the correct law to the admitted facts.
12. Appointment and recruitment in Delhi Police is governed by the ‘Delhi Police (Appointment & Recruitment) Rules, 1980’. Rule 7 thereof provides for recruitment to the post of Sub-Inspector (Executive). It reads as under:-
“7. Rule of Sub-inspectors (Executive) -
Fifty percent of vacancies in the rank of Sub-Inspector (Executive) shall be filled by direct recruitment and 50% by promotion out of 50% direct quota, 10% of the post shall be filled by limited department competitive test from amongst constables, Head constables, and Asstt. Sub-Inspectors with minimum 5 years of service who shall not be more than 35 years (40 years for Scheduled Castes/Scheduled Tribes candidates) of age on the first day of January of the year if the examination is held in the first half of the year and on the first day of July of the year if the examination is held in the later half of the year. The educational qualifications and other physical standards for the test shall be the same as prescribed in the Rules for direct recruitment to such posts. The unfilled vacancies reserved for the departmental candidates will be carried forward for 3 recruitment years as in the case of vacancies for the scheduled tribe candidate whereafter the unfilled vacancies will be filled by direct recruitment.”
13. A perusal of the Rule would evidence that 50% vacancies to the post of Sub-Inspector have to be filled by direct recruitment out of which 10% have to be filled by Limited Departmental Competitive Examination from amongst Constables, Head Constables and Assistant Sub-Inspectors with minimum 5 years service who shall not be more than 35 years (40) for SC/ST of age.
14. Further, Rule 27-A of the ‘Delhi Police (Appointment & Recruitment) Rules, 1980’ reads as under:-
“27-A Relaxation of upper age limit for departmental candidate. Relaxation of upper age limit of all departmental candidates for direct recruitment against Group ‘C’ and ‘D’ posts of Police Department shall be as follows:-
35 years in the case of general candidate and 40 years in the case of candidates belonging to Scheduled Caste/Scheduled Tribes Candidates.”
15. From a perusal of Rule 27-A would reveal that for direct recruitment against Group ‘C’ and Group ‘D’ posts departmental candidates are entitled to an age relaxation.
16. Delhi Police is totally oblivious to the fact that as per Rule 27-A, Delhi Police personnel who compete for direct recruitment posts are entitled to age relaxation and thus for the post in question, which is a Group ‘C’ post, whenever appointment is to be made by direct recruitment all personnel of Delhi Police who are otherwise eligible can compete taking benefit of age relaxation as contemplated by Rule 27-A. Delhi Police is under a mistaken notion that only for the Limited Departmental Competitive Test benefit of age relaxation, provided by Rule 7 is available.
17. We highlight that age limit prescribed in Rule 7 pertains to when appointment is being made through the Limited Departmental Competitive Test and Rule 27-A pertains to when Delhi Police personnel compete when direct recruitment is effective in Group ‘C’ and Group ‘D’ post.
18. In other words, be it when appointment is to be made by direct recruitment or through a Limited Departmental Competitive Test, Delhi Police personnel would be entitled to age relaxation contemplated by Rule 7 (for LDCE) and Rule 27-A (for direct recruitment). Further, these candidates would have a right to compete at both levels and Delhi Police cannot conduct a unified selection process restricting option to only one.
19. There is no concept under the Rules of open category and departmental category. Delhi Police has given a layman's colour to the legal colour of the method of recruitment. Direct recruitment has been given the layman's colour ‘open recruitment’ and appointment by promotion through a Limited Departmental Competitive Examination has been given the layman's colour ‘departmental’ category. We re-emphasize. Rule 7 prescribes 3 methods of appointment to the post of Sub-Inspector: (i) by promotion; (ii) by direct recruitment; and (iii) appointment through Limited Departmental Competitive Examination. When appointment is by promotion, it is apparent that the same shall be from amongst the eligible Assistant Sub-Inspectors who form the feeder cadre. When appointment is by direct recruitment, all eligible candidates can appear which would include those who are serving in Delhi Police. When appointment is by Limited Departmental Competitive Examination, only Constables, Head Constables and Assistant Sub-Inspectors working in Delhi Police would be eligible. On the subject of age limit, when appointment is by direct recruitment, eligible candidates who are not working in Delhi Police have to be within the age as per Rule 7, which is up to the age of 25 years relaxable for 5 years for SC/ST candidates and 3 years for OBC candidates. But for those who are already working in Delhi Police, the benefit of Rule 27-A would be available, meaning thereby General category candidates would be 35 years and for SC/ST and OBC candidates the same would be 40 years.
20. It may be possible for Delhi Police to have a common test while making appointment by direct recruitment and through the Limited Departmental Competitive Examination, but this one factual examination has to be conceptually two i.e one relating to direct recruitment and the other relating to appointment through Limited Departmental Competitive Examination; of necessity, if Delhi Police were to hold a common test, those who would be entitled to compete in both categories would have to be given a right to compete in both categories. Their option cannot be curtailed.
21. For the petitioners, it would be a case of operation successful, patient dead. The reason is that when they were given the application forms which compelled them to mark an option whether they would compete for the direct recruitment posts or for the posts available to be filled through the Limited Departmental Competitive Examination (loosely called Departmental Posts), they ought to have approached the Court seeking a direction against Delhi Police not to compel them to opt to compete in only one category. For if a person has a right to compete in two categories as conferred by law, no executive decision can curtail the same. Had they done so, a remedial direction would have been issued. But what has happened is that an examination conducted in the year 2009 and another examination conducted in year 2010 has resulted in candidates being appointed in the direct recruitment appointment category; exhausting all notified vacancies, none of whom has been impleaded before the Tribunal or in the instant writ petitions. These candidates have joined, the first batch in the year 2009 and the second batch in the year 2010. No directions can be issued in their absence which would adversely affect them. The writ petitioners ought to have been vigilant when they were confronted with a situation to make an option thereby curtailing their right.
22. While dismissing the writ petitions we would only observe that for the future, Delhi Police should be careful while making appointments and lest there be any confusion it would be advisable to make appointments by selection in the direct recruitment quota by a separate examination and selection by Limited Departmental Competitive Examination through a separate examination. Further, Delhi Police should not confuse age relaxation stipulated under Rule 7, which pertains to Limited Departmental Competitive Examination with age relaxation stipulated in Rule 27-A pertaining to appointment by direct recruitment.
23. We would also be failing not to note a vague attempt made by learned counsel for the respondents to urge that lower/different physical endurance standards were prescribed for departmental candidates and that the petitioners competed with reference to said lower/different physical endurance standards. But the argument holds no water because we find that the lower/different endurance standards were not prescribed for departmental candidates. They were provided for candidates in the higher age bracket. The misconceived argument was the extension of the misconceived idea that those who were given benefit of age relaxation could not compete in the so-called open category, which in fact is the category of appointment by direct recruitment.
24. The writ petitions are dismissed but without any orders as to costs.
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