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by Admin
07 May 2024 2:49 AM
In a significant judgment on March 11, 2024, the High Court of Delhi, comprising Justice V. Kameswar Rao and Justice Saurabh Banerjee, has allowed a writ petition by Md. Abdul Ahad Azim against the Union of India and Others, challenging the denial of his appointment in the Border Security Force (BSF).
Legal Context: Azim's petition questioned the validity of a letter issued by BSF, which disqualified him from recruitment under the new Recruitment Rules of 2010 for the post of Constable (Tradesmen) Group 'C', despite his earlier selection in 2008 under Group 'D' post rules.
Facts and Issue: The petitioner, selected in 2008 under the Group 'D' recruitment process, was later denied appointment due to changes in recruitment rules following the 6th Central Pay Commission's recommendations. This raised significant legal questions about the applicability of new rules to an already completed selection process.
Court's Assessment and Decision: Justice Rao, in the judgment, observed, "the petitioner had the legitimate expectation to be appointed to the post in question as the selection process had already been initiated and a merit list thereof was already prepared." The court found the non-appointment of Azim arbitrary and violative of Article 14 of the Constitution, emphasizing that changes in recruitment rules cannot impinge on the rights of candidates selected under previous rules.
Relief Granted: The High Court directed the appointment of Md. Abdul Ahad Azim as a 'Follower' in BSF from October 2008. He is to be trained and absorbed as a Constable (Washerman). However, monetary benefits are denied, with only notional pay fixation and seniority granted from the intended date of appointment.
Conclusion: The judgment is a landmark in upholding the doctrine of legitimate expectation and the rights of candidates in recruitment processes.
Date of Decision: March 11, 2024
Md. Abdul Ahad Azim vs Union of India & Ors.
