Decided on July 21,2020

North Delhi Municipal Corporation Appellant
Kavinder Respondents


DHANANJAYA Y.CHANDRACHUD, J. - (1.)This appeal arises from a judgment and order of the Division Bench of the High Court of Delhi dated 29 November 2016. The High Court has, in exercise of its jurisdiction under Article 226 of the Constitution, affirmed a judgment and order of the Central Administrative Tribunal at its Principal Bench at New Delhi, by which the first respondent was held to be qualified for appointment to the post of Labour Welfare Superintendent.
(2.)An advertisement was issued for inviting applications for various posts in the Municipal Corporation of Delhi on a competitive basis. Among the posts that were advertised was that of a Labour Welfare Superintendent in the Municipal Corporation.
The qualifications and experience required for the post were prescribed as follows:

"Essential Qualifications:

(1) Degree of a recognized University or Equivalent.

(2) Post-Graduate Degree/Diploma in Social Work or Labour Welfare or Industrial Relations or Personnel Management or in any other allied subject of recognized University /institution or equivalent.


(1) Degree in Law of a recognized University or equivalent.

(2) Experience in the field in responsible capacity of Labour Welfare/Industrial Relations/Personnel Management and/or in allied fields."

(3.)The selection process was conducted by the Delhi Subordinate Services Selection Board by way of written examinations. Even after the candidate had appeared for the examinations, the Board or the appellant retained the authority to cancel their candidature during the recruitment process, if she/he failed to meet the said eligibility criteria. The first respondent applied for the post and appeared in the examination conducted by the Board. He was provisionally short-listed for the Part II examination upon the declaration of the results of the Part I objective examination. He was, however, declared not to be eligible for selection.

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