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
- 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
- Appointments made solely on marks allotted in a viva test, without guidelines for dividing those marks, rendered the recruitment process bad. The High Court's finding to that effect did not call for interference. (¶¶ 3, 5)
- Fourteen years after the recruitment, with no driver post available, drivers now engaged on contract and the candidate near the retirement age and required to pass a driving test, actual appointment was not possible. (¶¶ 2.1, 5)
- In the larger interest and to do substantial justice, lump-sum compensation in lieu of appointment was appropriate. DTC bore the initial liability, with liberty to recover the amount from the recruiting agency that conducted the selection. (¶¶ 5, 6)
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.