Dismissed

Anish Kumar Pant and Ors. v. Delhi High Court and Anr.

Delhi HC9 Jul 2019W.P.(C)/7292/2019

Case brief

AI extract

What is this about?

This order dismisses a writ petition where petitioners challenged appointments of Court Attendants and sought their own appointment. The Court held petitioners lack a vested right and must apply through regular eligibility procedures rather than seeking negative equality.

What did the court decide?

Exemption allowed subject to exceptions; petition stood disposed of dismissing the claims for appointment.

Anish Kumar Pant and Ors. Vs Delhi High Court and Anr. — Service and Employment | Delhi HC (2019)

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$~54.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 7292/2019

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ANISH KUMAR PANT AND ORS. ..... Petitioners Through: Mr. Rajesh Narang & Ms. Anupama Narang, Advocates.

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versus

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DELHI HIGH COURT AND	ANR.	.....	Respond	ents
Through:	Mr. Cha	Viraj R. Datar udhary, Advocates	& Mr. for resp	Nitish ondent
	No.1	/ DHC.
	Ms.	Avnish Ahlawat	& Mr.	Nitesh
	Kum	ar Singh, A	dvocates	for
	resp	ondent No.2/ GNC	TD.

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CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

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O R D E R % 09.07.2019

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C.M. No. 30311/2019

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(C) 7292/2019 and C.M. No. 30310/2019

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The petitioners have preferred the present writ petition to seek quashing of the order dated 17.06.2019, whereby Hon’ble the Chief Justice has made certain appointments on temporary basis as Court Attendants in this Court. The petitioners also assail the orders dated 16.10.2018 and

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17.11.2018, whereby the services of certain Data Entry Operators – who were working in this Court on contract basis, were regularised and certain persons were appointed as Junior Judicial Assistants in this Court. The petitioners, in effect, also seek a direction that like the aforesaid persons were appointed in the establishment of this Court, they too should be appointed.

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The case of the petitioners is that though they were issued appointment orders as Process Servers on purely ad-hoc basis for a period of 89 days, or till regular appointments are made, way back in 2011, they have actually not been so appointed and permitted to join. The petitioners do not dispute the fact that they are covered by the decision of the Supreme Court in Renu & Ors. Vs. District & Sessions Judge, Tis Hazari & Anr., Civil Appeal No.979/2014 decided on 12.02.2014. On the one hand, the petitioners question the appointments made by this Court taken note of hereinabove on the premise that they are contrary to the aforesaid decision in Renu & Ors. (supra), while on the other hand, they seek negative equality. So far as the appointments made on the establishment of this Court are concerned, the petitioners have no locus standi to assail the same. In any case, this Court is seized of some of the appointments referred to above in other proceedings.

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The petitioners have no vested right to seek the appointment as sought by them. As and when the establishment of the High Court advertises for vacancies for which the petitioners are eligible, in terms of the conditions that the respondents may lay down, it shall be open to the petitioners to make their applications and they shall be considered in terms of their eligibility and other conditions.

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The petition stands disposed of in the aforesaid terms.

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VIPIN SANGHI, J

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RAJNISH BHATNAGAR, J JULY 09, 2019 B.S. Rohella

Anish Kumar Pant and Ors. v. Delhi High Court and Anr.

Case brief

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Anish Kumar Pant and Ors. v. Delhi High Court and Anr.

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