Municipal Corporation Of Delhi vs Surender Singh . on 1 August, 2019
17. That it is most humbly submitted that it
is well-settled proposition of law in one Civil
Appeal No. 5588 / 2010 (Municipal Corporation
of Delhi vs. Surender Singh & ors.) [2019 INSC
852] at paragraph 19 of the judgment the
recruiting agency cannot the be compelled to fill
up all available posts even if the persons of the
Patna High Court CWJC No.1151 of 2024 dt. 18-07-2024
17/56
desired merit are not available. If the employer /
recruitment agency has fixed a cut-off position,
the same is not to be tinkered with unless it is
totally irrational or tainted with malafides. The
decision of the employer to appoint a particular
number of candidates cannot be interfered with
unless it is irrational or malafide.