It is on the Municipal Bodies, how to fill up the vacant posts either by direct recruitment or promotion

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 20th January 2020

MOHD. RASHID V. THE DIRECTOR, LOCAL BODIES, NEW SECRETARIAT & ORS

Facts of Case:

An advertisement was issued to fill 30 vacancies by direct recruitment to the positions in question, of which 8 were reserved for Other Backward Classes, 4 for Scheduled Castes, 2 for Scheduled Tribes and 16 were intended for General Category candidates including 1 position expected to be filled by a physically disabled nominee who is a horizontal category. On 17 June 2013, the Recruitment Regulations were changed, i.e. before the advertising was released on 12 September 2013. A perusal of the updated Regulation suggests that 50% of the positions are to be filled by promotion. If the vacancies are not filled up by transfer, subsequent recruiting is to fill in the same. Similarly, it is planned that 50 percent of positions be filled by deputation. If the deputationists are not available, the same are to be filled up by direct recruitment.

An affidavit dated 7 August 2019 was filed on behalf of North Delhi Municipal Corporation as to how the number of posts falling within the promotion limit is filled out after the modification of the Rules.

The seniority list of feeder frameworks has not been finalized due to the fact that the matter is pending before the Tribunal and the High Court and that the recommendation of the review DPC has been placed before the High Court in the direction of the High Court and the matter is pending before the High Court. The said affidavit also gives the details of the manner of posts falling under the deputation quota.

With respect to 25 vacancies falling to the North DMC portion, it is reported that there are 21 vacancies and that applications have been invited to complete the Circular of 6 February 2019 on the deputation quota vide. 11 applications were issued although the last date on which the applications were submitted was 31 August 2019.

In respect of deputation quota in South Delhi Municipal Corporation, it is mentioned in the separate affidavit that out of 32 posts falling to the quota of deputationists, 13 posts are vacant as on 1st August, 2019. By a separate affidavit filed on behalf of East Delhi Municipal Corporation, it is mentioned that out of 14 sanctioned posts, 5 posts are falling vacant against the deputation quota. From the above information placed on record, we find that the Recruitment Rules providing 50% quota to be filled up by promotion failing which by direct recruitment and another 50% by deputation quota failing which by direct recruitment are being followed by the Municipal Bodies. 

Issue: 

The Recruitment Regulations for the post of Administrative Officer/Assistant Assessor and Collector in North, South and East Delhi Municipal Corporations, 2013 contemplate that the vacancies for the posts in question are to be filled up by promotion failing which by direct recruitment. 

HELD:

Since the selection process has not been completed and having respect to the purpose of the Statutory Rules, we consider that the appellants have no right to dispute the decision of the Municipal Bodies to fill the positions either by way of appointment or by deputation as such posts are being filled in terms of the mandate of the Rules. It is always open to the municipal bodies to fill the vacant posts by means of direct recruitment after the posts are not filled in by way of promotion and/or deputation quota either on the basis of recruitment process already initiated or to be freshly started. Accordingly, the appeals are dismissed.