1. With the consent of learned counsel for both the parties, the matter is taken up for hearing today.

2. Through the medium of this Original Application (OA), filed under Section 19 of the Administrative Tribunals Act, the applicant has prayed for the following relief(s):

“a) Pass orders to Respondents for issue of appointment letter to Applicant without any further delay protecting her seniority with reference to her batch and order of merit.

b) Pass orders to Respondents to initiate steps and expedite the appointment process of Applicant and complete all the documentation formalities expediently.

c) Pass order to pay cost for this uncalled for litigation.

d) Pass any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case, may also be passed in favour of the Applicant.”

3. Brief facts of the case, as projected by the learned counsel for the applicant, are as follows:

3.1 The respondents issued notification for recruitment of Sub-Inspector in Delhi Police, CAPFs and Assistant Sub Inspector (ASI) in CISF on 17.09.2019.

3.2 The applicant appeared in the Paper-I examination on 11.12.2019. Thereafter, she appeared and also qualified in the PST/PET.

3.3 On 06.01.2022, list of female candidates was arranged in the order of roll number where the applicant became eligible for appearing in the medical examination.

3.4 The applicant appeared in the first medical examination on 28.10.2021 and declared temporary unfit due to pregnancy. The final result was declared on 10.12.2021 and the successful candidates were called for document verification notified by the Staff Selection Commission. The Write-up notice clarified that 03 temporary unfit female candidates, including the applicant, have been called for document verification. Accordingly, the applicant completed her document verification on 03.01.2022.

3.5 On 31.01.2022 final list of candidates was recommended for appointment by SSC where out 108 vacancies for UR female category candidates only 106 candidates have been recommended and 02 vacancies of UR category have been kept unfilled against temporary unfit candidates. The cut off marks of last selected UR category candidate is 302.25.

3.6 The Write-up notice clarified that for the post of Sub Inspector in Delhi Police out of 36 UR female candidates, 35 are filled and one seat is kept unfilled for temporary unfit female candidate in Delhi Police.

3.7 On 20.05.2022 the applicant submitted her medical fitness certificate along with application to conduct DME/RME to CPPF, R.K. Puram, New Delhi. Her DME/RME was conducted successfully on 01.08.2022.

3.8 However, on 01.11.2022 the applicant received a response on her registered e-mail that her result has been declared and forwarded to the concerned Regional Office of SSC, North Region.

3.9 On 15.11.2022, training of selected candidates who have got appointment letters was started. All 79 vacancies of Sub Inspector in Delhi Police stood filled up as respondent-SSC has already sent 79 dossiers to Delhi Police for appointment/nomination.

3.10 The applicant filed an application under RTI to the SSC and Delhi Police, in reply thereto the respondent no.2, SSC (NR), stated that dossier is forwarded to respondent no.3, i.e., Delhi Police for nomination and all required documents have been sent to them on 17.11.2022. The respondent no.3, Delhi Police, however, in response to the RTI application of applicant replied that applicant’s dossier having roll no.2201023791 was received from SSC, but the same was returned to them for some clarification and the said clarification is still awaited.

3.11 On 12.12.2022 the applicant sent a communication letter to the respondents to take immediate action and issue appointment letter to her. Hence the OA.

4. Per contra, the respondents entered appearance and filed their short reply, thereby vehemently denying the averments made by the applicant in her OA. It is submitted that direct recruitment for the post of SI (Exe.) Female in Delhi Police is made under Rule 14 (a) of Delhi Police (Appointment & Recruitment) (Amendments) Rules, 2013 and (Amendments) Rules, 2018 issued by the Govt. of NCT of Delhi with the approval of Hon’ble Lieutenant Governor of Delhi as well as Standing Order no.369 (Now SRO NO.HRD/15/2022) issued by the Commissioner of Police, Delhi.

4.1 The Posts of the SI (Exe.) Male/Female in Delhi Police is filled up through Staff Selection Commission (SSC) which organise common examination for the posts of SI in Delhi Police and SI in CAPFs on yearly basis. The candidates are required to indicate their preference of post(s)/force(s) for which they would like to be considered in their order of preference.

4.2 79 vacancies to the post of SI (Exe.) Female were conveyed to recruiting agency, SSC for filling up the same through direct recruitment on the basis of SI in Delhi Police and SI in CAPFs Examination, 2019.

4.3 The SSC after conducting the Computer Based Examination, PE&MT and medical examination etc., declared the final result for the post on 31.01.2022. However, one vacancy under UR category was kept unfilled against temporary unfit candidate.

4.4 The dossiers of 78 selected candidates including 35 UR category candidates were received from various Regional Offices of SSC. Thereafter, SSC, North Region, Delhi vide letter dated 08.07.2022 forwarded the dossier of one selected candidate namely Ms. Chitra under UR category on the basis of 2019 Exam., intimating that out of 164 allocated to SSC/North Region, dossiers of 163 candidates have already been sent to Delhi Police. Therefore, SSC, North Region forwarded dossiers of all 164 candidates including Ms. Chitra to Delhi Police. Hence out of 79 vacancies, including 36 UR vacancies, all 79 candidates including 36 UR category candidates were selected by the SSC.

4.5 Thereafter, SSC, North Region, sent dossier of another candidate, i.e., applicant, vide letter dated 10.11.2022 selecting her as SI (Exe.) Female in Delhi Police on the basis of Examination, 2019 under UR category on the basis of the revised result by SSC/HQ on 01.11.2022. Therefore, out of 36 vacancies under UR category, 37 candidates were selected and the dossiers were sent by SSC to Delhi Police.

4.6 However, on scrutiny of dossier of applicant, some essential documents were found not appended and it was also pointed out about selection of 01 additional candidate under UR category. Therefore, the respondent-Delhi Police vide letter dated 21.11.2022 returned her dossier to SSC, intimating about the incomplete dossier and also sought clarification whether the SSC had selected 01 additional candidate under UR category.

4.7 In response , the SSC vide letter dated 29.11.2022 requested Under Secretary, SSC/HQ to sent the requisite clarification to Delhi Police and returned her dossier to Delhi Police along with the required documents.

4.8 However, in the meanwhile, applicant filed the instant OA before this Tribunal requesting to pass orders to respondents to initiate steps and expedite her appointment process.

4.9 The Under Secretary, SSC/HQ meanwhile sent clarification to Police headquarters vide its letter dated 27.12.2022 stating that after initial allocation of 35 female UR candidates to the post of SI (Exe.) against a total of 36 vacancies (with one post kept withheld for a temporarily unfit candidate) one more candidate namely Ms. Chitra Roll no.2201027468 was allocated to Delhi Police on the basis of Nodal Force (CRPF) recommending her name as a medically fit candidate (RME) and the merit-cumpreference options exercised by her. Ms. Chitra was appointed by Delhi Police against the vacancy left vacant for temporary unfit candidate whereas she ought to have been adjusted as per her merit against the other 35 vacancies. This led to all the 36 vacancies for the post of SI (Exe.) Female (UR) getting filled up including the post kept vacant for temporary unfit candidate which ought to have been given to the applicant being a temporary unfit candidate who was later declared medially fit by the nodal force and subsequently recommended for the post of Si (Exe.) Female in Delhi Police.

4.10 It is highlighted by the respondents that the issue is already submitted in Police Headquarters, Delhi for taking action into the matter in consultation with the Legal Adviser to CP, Delhi. After taking necessary decision into the matter by the Delhi Police, the same will be communicated to the applicant.

5. We have heard the learned counsel for the parties and have also carefully gone through the material placed on record.

6. ANALYSIS:-

6.1 A reference has been drawn to Office Memorandum dated 25.09.2006 issued by DoP&T, which is reproduced below:-

“No.39011/2/2002-Estt.(B)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, dated the 25th September, 2006

OFFICE MEMORANDUM

Subject: Inordinate delays in issuing offer of appointment to the candidates nominated by the Staff Selection Commission to the User Departments – regarding.

The Staff Selection Commission (SSC) conducts open examination for recruitment to the various categories of Group ‘B’ and Group ‘C’ posts in the Ministries/Departments of Government of India and their attached and sub-ordinate offices. Inordinate delays in issuing offer of appointments to the candidates nominated by the Staff Selection Commission to the User Departments however, have been occurring repeatedly. It is emphasized that nominations by the Staff Selection Commission of the successful candidates is the last stage of the recruitment process. After nomination of the successful candidates to the User Departments, it becomes the duty of the User Departments to issue offer of appointments to the candidates after completing the pre-appointment formalities within a stipulated time.

2. It has been observed that many months are lost before offers of appointments are issued which invariably give rise to various representations/queries from the affected candidates. The matter has been considered, ad it is felt that there is a need for proper and timely review of all such cases by the Secretary/Head of Department concerned. Attention is invited to Ministry of Home Affairs O.M. No.23/97/68-Estt.(B), dated 26.2.69 (copy enclosed for ready reference), in which a proforma for quarterly review of such cases of candidates recommended by the Union Public Service Commission to be submitted to the Secretary of the Ministry/Department concerned had been prescribed. All the Ministries/Departments are henceforth advised to ensure submission of the said quarterly reports to the Secretary/Head of the Department concerned for review of all cases of delay in issuing offers of appointment to candidates selected by the Staff Selection Commission.

3. Instructions have already been issued by this Department vide O.M. of even number dated 5.11.2002 to all Ministries/Departments of the Government of India to issue necessary letters to the recommended candidates for medical examination and also to the concerned authorities for verification of character and antecedents within ten days from the receipt of recommendation letter in case of those candidates recommended by the Union Public Service Commission. On the same lines, the Ministries/Departments are requested to issue necessary letters to the recommended candidates for medical examination and also to the concerned authorities for verification of character and antecedents within ten days from the receipt of recommendation letter from the Staff Selection Commission so that as far as possible, the offers of appointment could be issued to the candidates recommended by the Commission within three months from the date of recommendation letter.

4. Ministries/Department are also requested to make adequate arrangements to ensure that delays in sending offers of appointment to candidates selected by the Staff Selection Commission are reduced to the minimum. These instructions may be brought to the notice of all concerned.”

6.2 The applicant appeared in first medical examination and was declared temporarily unfit due to pregnancy. Thereafter, she was medically re-examined and the medical fitness certificate along with application to conduct DME/RME to CPPF, R.K. Puram, New Delhi was produced by her. The RME was successfully conducted on 01.08.2022. The case of the applicant is delayed only for want of nomination and required documents from Delhi Police, i.e., respondent No.3 and for no fault of the applicant. It is not disputed that last representation was sent by the applicant on 12.12.2022 which has not been disposed of by the respondents till date, even though the aforesaid DoP&T OM is abundantly clear.

6.3 Vide record of proceedings dated 02.01.2023, the following has been recorded:-

“It is seen that as per the letter dated 30.11.2022 (Annexure A-1), quoted below, SSC has been asked for certain clarifications regarding the dossiers of the applicant. Learned counsel for the applicant states that the same has already been given yet the papers are not moving.

" Subject : - Regarding supply of information sought under RTI Act-2005.

With reference to your application dated 16.11.2022 the information sought by you under RTI Act-2005 received in this office on 16.11.2022 vide online RTI registration No. DEPOL/R/E/22/12334 for seeking information under RTI Act2005, the requisite information pertaining to this office is as under:-

POINT NO.	REPLY
1. Has any documents forwarded to you by SSC regarding my joining.	Your dossier having roll no. 2201023791 was received from SSC which was returned to SSC for certain clarification. The clarification is awaited from SSC.
2. If yes, when can I expect joining because the training for Delhi Police SI has already started.	After receipt of clarification from SSC, further action into the matter may be taken.
3. What are my marks and rank in the exam.	Your dossier having roll no. 2201023791 was received from SSC which was returned to SSC for certain clarification. Therefore, the requisite information cannot be provided at this stage.
4. If not, what step can be taken to start my joining process.	No information can be provided in view of reply given in above points.

In view of above, the respondents are hereby granted two weeks' time to file short submissions on the same.”

6.4 Vide record of proceedings dated 20.02.2023, the following had been recorded:-

“Learned counsel for the applicant points out that he has filed a list of documents on 01.02.2023 including the response of the User Department to the RTI of the applicant, wherein the following has been recorded as under:-

"Reply:- In this connection, it is informed that it was clarified that out of the 36 total vacancies of SI Exe. Female-UR in Delhi Police in respect of the said examination, 35 vacancies were filed vide result dated 31.01.2022 and 01 vacancy was kept vacant for temporary unfit candidate. The said vacant post was not meant for any other female candidate, other than temporary unfit candidate.

As regards the joining process, it is informed that the Commission only recommends candidates to the User Department for appointment. Initiating the process of joining or giving appointment is the sole responsibility of the User Department."

Learned counsel for the applicant further draws our attention to the letter dated 23.12.2022, wherein against point No.1 it has been stated that "Total 36 vacancies under the General/UR category for the post of SI (Exe.) Female in Delhi Police Exam.-2019 (CPO) have been advertised and selected all by Staff Selection Commission (SSC)." Therefore, it is imperative that the applicant being at rank No.6 ought to have been granted appointment. However, the User Department has granted offer of appointment to one, Ms. Chitra, who was at rank No.52. To support of his arguments, he draws attention to page No.87 in respect of Ms. Chitra and Page No.90 in respect of the applicant.

Per contra, learned counsel for the respondents draws our attention to para Nos.6 and 13 of the reply, the same is reproduced herein under for ready reference:-

"6. Then SSC/Northern Region, Delhi vide letter No.F. No. 10/3/2019 SI(CPO)-2019 dated 08.07.2022 (Annexure R/'3') forwarded the dossier of one selected candidate namely Ms. Chitra (Roll No.2201027468) under UR category on the basis Exam., 2019 intimating that out of 164 allocated to SSC/Northern Region, dossiers of 163 candidates laready sent to Delhi Police. Therefore, SSC/Northern Region forwarded dossiers of all 164 candidates including Ms. Chitra to Delhi Police.

xxxxxx

13. The Under Secretary(C-1/2), SSC/HQ sent clarification/information to Police Hdqrs. vide its letter No. HQ-C-1208/4/2022-C-1/2 dated 27.12.2022 (Annexure R/'7') stating that after initial allocation of 35 female (UR) candidates to the post of SI(Exe.) against a total of 36 vacancies (within one post kept withhled for a 'temporarily unfit' candidate), one more candidate namely Ms. Chitra (Roll No.2201027468) was allocated to Delhi Police on the basis of Nodal Force (CRPF) recommending her name as a medically 'FIT' candidate (RME) and the merit-cumpreference options exercised by her. Ms. Chitra was appointed by Delhi Police against the vacancy left vacant for termporary unfit candidate whereas she ought to have been adjusted as per her merit against the other 35 vacancies. This led to all the 36 vacancies for the post of SI(Exe.)- Female (UR) getting filled including the post vacant for temporary unfit candidate which ought to have been given to Ms. Pinky being a temporary unfit candidate who was later declared medically fit by the nodal force and subsequently recommended for the post of SI(Exe.)-Female in Delhi Police."

Learned counsel for the respondents further contends that the number of vacancies available are 36 and accordingly, the User Department cannot fill 37 vacancies against 36 vacancies notified.

Learned counsel for the applicant further draws our attention to the RTI reply dated 13.02.2023, wherein it has been recorded as follows:-

POINT NO.	REPLY
1	74 female candidates out of 79 candidates have been joined the training programme for the post of SI(Exe.) in Delhi Police -2019.
2	03 female candidates for the post of SI(Exe.) in Delhi Police-2019 have been taken joining extension for next batch
3	Candidature of 02 female candidates have been cancelled for the post of SI(Exe.) in Delhi Police- 2019.

However, the facts remains that the learned counsel for the respondents has to clarify regarding the status of number of vacancies and whether the adjustments has been made qua to the candidate whose candidature has been cancelled to the post of SI (Exe.) Female in Delhi Police.

Let the needful be done within a period of two weeks.”

6.5 It is not disputed that the applicant was higher in rank to one Ms. Chitra which has not been refuted by the respondents. In the present factual scenario, it is not disputed that the applicant qualified and was ranked at serial No.6 whereas one Ms. Chitra who was ranked at serial No.52 was granted offer of appointment. Respondents have denied the claim of the applicant only on the basis that no vacancies are available.

6.6 It is also not disputed that in RTI response dated 13.02.2023 the candidature of 02 (two) female candidates have been cancelled for the post of SI (Exe.) in Delhi Police- 2019 against which the applicant was to be appointed. Therefore, the case of the applicant ought to have been considered against the vacancy of two female candidates in Delhi Police as per the aforesaid intimation.

6.7 The practice of not taking a concrete decision dehors the above quoted DoP&T OM itself is uncalled for, more particularly, being a model employer the respondents has to take a swift action in consonance with the rule position as stated hereinabove.

7. CONCLUSION:-

7.1 In view of the above, we are left with no alternative except to allow the present Original Application, thereby directing the respondents to issue an offer of appointment to the applicant, if otherwise found eligible, within a period of two months from the date of receipt of a certified copy of this Order.

7.2 The applicant shall be entitled to grant of notional seniority in respect to the last selected candidate in her category. The actual benefits to the applicant shall accrue from the date of actual joining.

8. Pending MA(s), if any, also stand disposed of accordingly.

9. There shall be no order as to costs.