SACHIN KUMAR & ORS. versus DELHI SUBORDINATE SERVICE SELECTION BOARD (DSSSB) & ORS.

SACHIN KUMAR & ORS. versus DELHI SUBORDINATE SERVICE SELECTION BOARD (DSSSB) & ORS.

Where a carefully conducted inquiry establishes systemic irregularities that materially erode the legitimacy and fairness of a recruitment process (including denial of equal access and indications of impersonation, lack of randomization, concentrated geographical participation and failures in safeguards), the recruiting authority’s bona fide decision to cancel the entire process is lawful and not liable to be set aside; the Tribunal and High Court erred in confining reliance to the second Committee’s impersonation report and in directing processing of select candidates.

Parties
Appellants: Sachin Kumar & Ors.; Respondents: Delhi Subordinate Service Selection Board (DSSSB) & Ors.
Jurisdiction
India
Judgment Date
03 March 2021
Procedural Posture
Civil Appeal (special Leave Petition Under Article 136) / On Appeal From Judgment of the Delhi High Court Dated 13 January 2020
Outcome
Appeals allowed; judgment of the Delhi High Court and orders of the Tribunal set aside; GNCTD notification dated 15 March 2016 cancelling the Tier-I and Tier-II examinations upheld.
Legal Topics
Recruitment Cancellation, Examination Irregularities, Impersonation, Randomization of Seating, E Admit Cards, Equality of Opportunity Under Article 14/16
Service Law Constitutional Law Administrative Law Recruitment Cancellation Examination Irregularities Impersonation Randomization of Seating E Admit Cards +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Sachin Kumar & Ors.

Appellants

Delhi Subordinate Service Selection Board (DSSSB) & Ors.

Respondents

Procedural Posture

Civil Appeal (special Leave Petition Under Article 136) / On Appeal From Judgment of the Delhi High Court Dated 13 January 2020

Legal Issues

  1. 1 Whether systemic irregularities in a recruitment examination justify cancellation of the entire process
  2. 2 Whether tainted candidates can be segregated from untainted candidates and appointments processed for untainted candidates
  3. 3 Scope of judicial review of a recruiting authority’s bona fide decision to cancel an examination

Ratio Decidendi

Where a carefully conducted inquiry establishes systemic irregularities that materially erode the legitimacy and fairness of a recruitment process (including denial of equal access and indications of impersonation, lack of randomization, concentrated geographical participation and failures in safeguards), the recruiting authority’s bona fide decision to cancel the entire process is lawful and not liable to be set aside; the Tribunal and High Court erred in confining reliance to the second Committee’s impersonation report and in directing processing of select candidates.

Court Disposition

Appeals allowed; judgment of the Delhi High Court and orders of the Tribunal set aside; GNCTD notification dated 15 March 2016 cancelling the Tier-I and Tier-II examinations upheld.

Orders

  • DSSSB and GNCTD to carry out a comprehensive exercise to revisit modalities and safeguards for recruitment processes within two months to maintain probity and public confidence
  • Notification dated 15 March 2016 cancelling the Tier-I and Tier-II examinations for post code 90/09 (Head Clerk Grade II (DASS)) is upheld