Policy for victims envisages preference in recruitment: Delhi High Court

NEW DELHI:  The Delhi High Court has dismissed a petition of a woman seeking employment under a rehabilitation policy for the victim families of the 1984 riots. The court stated that the central scheme only envisages that preference should be given during recruitment and does not make appointment mandatory in the absence of any hiring exercise.

Justice Yashwant Varma said that as and when any recruitment exercise is undertaken or initiated by the authorities, they would be bound to consider the candidature of the petitioner, whose appointment was rejected by the competent authority on the grounds that at present there was no special recruitment drive in place.

“The court notes that since currently no appointment exercise was initiated, the petitioner cannot claim an indefeasible right to be appointed under the respondents,” said the court.  It added, “In any case, the policy itself only envisaged a preference being extended to eligible applicants in any recruitment exercise that may be undertaken.

The court finds itself unable to read that provision of the policy as mandatorily requiring the respondents to appoint the petitioner.”  The petitioner contended that the authorities acted ‘illegally’ in failing to offer her an appointment which was arbitrarily denied.