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

Citation: [2021] 2 S.C.R. 1073 · Decided: 03-03-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

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Judgment (excerpt)

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1073
SACHIN KUMAR & ORS.
v.
DELHI SUBORDINATE SERVICE SELECTION BOARD
(DSSSB) & ORS.
(Civil Appeal Nos. 639-640 of 2021)
MARCH 03, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
M. R. SHAH, JJ.]
Service Law – Recruitment – Examination – Irregularities in
– An advertisement dated 26.12.2009 issued for 231 vacancies for
the post of Head Clerk [(Grade 2) (DASS)] in GNCTD – 62,056
application received – 8,224 appeared in Tier-I Examination –
Results were declared in 2014 – Shortlisted candidates appeared in
Tier-II Examination in the year 2015 – Several complaints were
received regarding leakage of question papers, mass cheating,
allotment of common examination centre and rooms to members of
the same family, in the conduct of both the Tier-l and Tier-ll
examinations – Two Committees were constituted to enquire into the
irregularities, both found serious irregularities in the examination
– An FIR was registered at Anti-Corruption Branch (ACB) u/s.
13(1)(d) of Corruption Act r/w. s.120B of IPC – Dy. CM
recommended for the cancellation of exam and a notification was
issued for cancellation of exam – Central Administrative Tribunal
set aside the said cancellation notification holding that the
appointments would be subject to ACB Investigation – High Court
while upholding the order of the Tribunal, confined the relief to
only six applicants who approached the Tribunal – On appeal, held:
A fair and reasonable process of selection to posts subject to the
norm of equality of opportunity u/Art. 16(1) is a constitutional
requirement – Where the recruitment to public employment stands
vitiated as a consequence of systemic fraud or irregularities, the
entire process becomes illegitimate – The requirement that a public
body must act in fair and reasonable terms animates the entire
process of selection – Recruitment to public service must command
public confidence – In the present case, the report of the Committee
dwells on: (i) The delay of five years in holding the Tier-I examination
after the advertisement was released in 2009; and (ii) The issuance
[2021] 2 S.C.R. 1073
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SUPREME COURT REPORTS
[2021] 2 S.C.R.
of admit cards only through the electronic mode, which was not
prescribed in the advertisement – Besides other irregularities,
Committee also noted that there was a racket which had led to the
impersonation of candidates – There was absence of randomization,
many cases had emerged where two or more members of a single
family sat in consecutive order and were falling under the zone of
probable selection – The Committee found that the videography
was blurred, thumb impressions were unrecognizable, jammers were
not working properly and candidates were allowed to appear
irrespective of their educational qualifications – Further, it was noted
that allegations of flying squad members passing answers onto
candidates – Considering all the irregularities, the Secretary
Vigilance also opined that the entire process of recruitment appeared
to be vitiated – There was a denial of equal access to the Tier-l
examination and the allegations showed that the credibility of the
process itself had been eroded – In such a situation, where a decision
is taken by the Government to cancel the entire process, it cannot
be held to be irrational or arbitrary, applying the yardstick of fair
procedure and proportionality to the decision-making process – Both
the judgments of High Court and the Tribunal are unsustainable.
Constitution of India – Article 16(1) – Equality of opportunity
– Public Employment – irregularities – Held: A fair and reasonable
process of selection to posts subject to the norm of equality of
opportunity u/Art. 16(1) is a constitutional requirement – Where the
recruitment to public employment stands vitiated as a consequence
of systemic fraud or irregularities, the entire process becomes
illegitimate.
Constitution of India – Article 14 – Right To Equality –
Recruitment – Held: The constitutional values which undergird
Articles 14 and 16 mandate that selection processes conducted by
public authorities to make recruitments have to be fair, transparent
and accountable – A fair and reasonable process is a fundamental
requirement of Article 14 – Where it is possible to segregate persons
who have indulged in mal-practices and to penalise them for their
wrong- doing, it would be unfair to impose the burden of their wrong-
doing on those who are free from taint – To treat the innocent and
the wrong-doers equall

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