VidhiSangh

Supreme Court of India · 03/08/2022

DELHI TRANSPORT CORPORATION versus SANDEEP KAUSHIK AND ORS.

[2022] 6 S.C.R. 848 · 2022 INSC 789

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Summary

The Delhi Transport Corporation's 2008 recruitment of drivers, conducted by an outside recruiting agency, was decided solely on marks in a viva test without any guidelines for allotting them. The Delhi High Court held the process bad and directed DTC to appoint the writ petitioner as a driver according to his merit position without back wages. The Court declined to interfere with the finding that the recruitment was vitiated. But some 14 years had passed, no driver post was available, drivers were now engaged on contract through contractors, and the petitioner, about 49 against a retirement age of 55, would have to clear a driving test. Actual appointment was therefore no longer feasible. The Court substituted lump-sum compensation of Rs 7.5 lakh with 6% interest from September 2013 for the direction to appoint. DTC was to pay it, with liberty to recover it from the recruiting agency.

Issues

  1. Whether, after holding a recruitment vitiated because selection rested solely on viva marks, the court should direct appointment of the candidate 14 years later or award compensation in lieu of appointment.

Held

Result

Appeals partly allowed. Instead of appointment, DTC is to pay the writ petitioner Rs 7.5 lakh with 6% interest from September 2013 within eight weeks, recoverable from the recruiting agency; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 848.