Delhi HC directs DU to complete selection process for non-teaching staff

NEW DELHI: The Delhi High Court has set aside DU's decision to put on hold the appointment of candidates selected for certain non-teaching posts in 2023, calling it a classic case of "scant regard for fairness".

Justice Jyoti Singh observed that Delhi University (DU) sought to "illegally justify" its "erroneous decision" to shelve the process of selection, which could not be accepted, and therefore called upon the varsity to "introspect" and take the selection process to its logical end.

"Before drawing the curtains, I may pen down that because of the arbitrary and illegal action of the university, petitioners have lost nearly two crucial years of their lives and careers. Some of the petitioners had in fact resigned from their earlier jobs when offer letters were received from the University and many have become overage for appearing in any other examination. This is a classic case of scant regard for fairness in action and 'motivated reasoning' and the university must introspect," the judgement passed on May 30 said.

The petitioners had applied to various non-teaching posts like laboratory attendant, library attendant, etc., pursuant to advertisement issued in 2021. In August 18, 2023, DU published a list of candidates to whom offers of appointment were issued on the basis of their final selection in the written examination but on August 25, 2023, joining of the candidates was put on hold.

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Delhi High Court directs DU to complete selection process fast

DU argued it had the authority to withdraw the offer of appointment at any stage in case of a discrepancy. It claimed that during an informal interaction with the candidates, it was noticed that their competency did not match the high marks scored by them in the written examination, raising a suspicion of the use of unfair means.

The verdict, however, held that DU "miserably failed" to establish the use of any unfair means in the examination in question. The court was unable to find flaw in the conduct of the examination on any aspect which could lead to a conclusion that the process was vitiated. The circumstances did not warrant cancellation of the examination and selected candidates deserved to be appointed, it said.

The court said endorsing any informal interaction, as stated to have been undertaken by DU, would become "subjective and open doors to arbitrariness, pick and choose, favouritism, and breed corruption".

"What comes to light is that by a process of reverse engineering for motivated reasoning, by analysing a skewed data the University is seeking to illegally justify its erroneous decision to shelve the process of selection, which cannot be accepted," the court said.

The judgment, therefore, quashed the notifications on August 25 and August 29 in 2023. "University is directed to complete the remaining formalities of document verification, etc., and take the selection process to its logical end. Upon appointment, petitioners will be permitted to join their respective places of postings forthwith and will be entitled to all consequential benefits," it ordered.