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Priyanka Rawat vs Government Of Nct Of Delhi & Ors on 13 December, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

           $~2 (2021)
           *     IN THE HIGH COURT OF DELHI AT NEW DELHI
           +     W.P.(C) 7637/2020
                 PRIYANKA RAWAT                              ......Petitioner
                                  Through : Mr Alok Gupta and Mr. Mohan S. Rawat,
                                            Advs.
                                  versus
                 GOVERNMENT OF NCT OF DELHI & ORS.           ......Respondents
                                  Through : Mrs Avnish Ahlawat, Standing Counsel
                                            with Mrs. Tania Ahlawat, Mr Nitesh
                                            Kumar Singh and Ms Palak Rohmetra,
                                            Advs.
                 CORAM:
                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                 HON'BLE MR. JUSTICE TALWANT SINGH
                            ORDER

% 13.12.2021 [Physical Hearing/Hybrid Hearing (as per request)]

1. The record shows that, pursuant to advertisement no. 01/14 issued by the Delhi Subordinate Service Selection Board [in short "DSSSB"], the petitioner applied against the post of Speech Therapist [i.e., Post Code 3/14]. 1.1. Concededly, against the subject post, there were four vacancies advertised, out of which two were slotted under the Unreserved category (UR), while the remaining two vacancies were made available under the Other Backward Class (OBC) category.

2. It is not in dispute that the petitioner had applied for the subject post, under the OBC category.

2.1. The record also shows that, two candidates were selected under the OBC category, and the petitioner was placed at serial no.1 in the reserve panel/waiting list. [See page 125 of the case file.] 2.2. Furthermore, one of the two OBC candidates who was selected i.e., Ms Shilpi Verma, did not join the post of Speech Therapist, despite four reminders having been sent to her. These reminders were sent by the user department i.e., Department of Health and Family Welfare, Government of National Capital W.P.(C) 7637/2020 Page 1 of 3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:14.12.2021 18:30:05 Territory of Delhi [in short "DoHFW"] on 19.12.2016, 28.01.2017, 27.02.2017 and 15.04.2017.

2.3. The candidature of Ms Shilpi Verma was finally cancelled, it appears, on 09.06.2017. [See page 171 of the case file.] 2.4. While cancelling the candidature, user department/DoHFW had requested that, it should be permitted to operate the reserve panel/waiting list for filling up the post of Speech Therapist.

2.5. Thus, had the reserve panel/waiting list been allowed to be operated, the petitioner would have got the opportunity to be appointed against the subject post; which was earlier offered to Ms Shilpi Verma. 2.5. Evidently, the recruiting agency i.e., DSSSB wrote back to user department/DoHFW that, since the validity of reserve panel/waiting list had expired, the vacant post of Speech Therapist, offered to Ms Shilpi Verma, could be advertised in the next round. This stand of the recruiting agency/DSSSB is premised on the fact that, the result qua the post of Speech Therapist was declared on 06.01.2016, and, therefore, according to DSSSB, the validity of the panel expired on 05.01.2017.

2.6. What has come through on a perusal of the record is that, DSSSB sent the dossiers of selected candidates to the user department/DoHFW only on 09.09.2016, and, as noted above, the first reminder was sent to Ms Shilpi Verma only on 19.12.2016, followed by reminders sent on 28.01.2017, 27.02.2017 and 15.04.2017.

3. Clearly, because of the procrastination, for which the two departments i.e., DSSSB and user department/DoHFW presently appear to be responsible, the chances of the petitioner, who was at serial no.1 in the reserve panel/waiting list, got marred.

3.1. This aspect has been put to Mrs Avnish Ahlawat, who appears on behalf of both the recruiting agency i.e., DSSSB and the user department/DoHFW.

3.2. Mrs Ahlawat says that she will revert with instructions.

4. List the matter on 23.12.2021.

RAJIV SHAKDHER, J TALWANT SINGH, J DECEMBER 13, 2021 aj Click here to check corrigendum, if any W.P.(C) 7637/2020 Page 3 of 3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:14.12.2021 18:30:05