Public employment no charity: Supreme Court denies relief to Delhi Police aspirant

The Supreme Court was hearing an appeal by the Delhi Police against orders of the Central Administrative Tribunal (CAT) and the Delhi High Court that had allowed recruitment aspirant second chance.

The Supreme Court held that even if the representations were assumed to have been submitted, non-response from authorities does not create a legal right to rescheduling.The Supreme Court held that even if the representations were assumed to have been submitted, non-response from authorities does not create a legal right to rescheduling. (Image generated using AI)

Supreme Court news: Reinforcing the primacy of rule-based recruitment in public employment, the Supreme Court has said that individual hardships cannot override uniform selection procedures, holding that “grace, charity or compassion ought to stay at a distance” in such matters.

A bench of Justices Dipankar Datta and Satish Chandra Sharma was hearing an appeal by the Delhi Police against orders of the Central Administrative Tribunal (CAT) and the Delhi High Court that had allowed recruitment aspirant Uttam Kumar a second chance to take the Physical Endurance and Measurement Test (PE and MT).

“Grace, charity or compassion ought to stay at a distance in matters of public employment, if a fair level playing field is to be secured,” the top court said on April 2.

The Supreme Court said that nearly one lakh candidates participated in the recruitment process under the same conditions, and allowing exceptions for one individual would undermine fairness and equality. The Supreme Court said that nearly one lakh candidates participated in the recruitment process under the same conditions, and allowing exceptions for one individual would undermine fairness and equality. (Image enhanced using AI)

Supreme Court: Recruitment rules binding

Setting aside both orders, the Supreme Court emphasised that the terms of recruitment were explicit and non-negotiable. The advertisement clearly stipulated that the schedule for PE and MT was final and could not be altered under any circumstances.

The court noted, “The stakes are high, when it comes to public employment and opportunities like these can be life changing for young people. When chances are rare, one needs to grab them with both hands.”

The top court noted that nearly one lakh candidates participated in the recruitment process under the same conditions, and allowing exceptions for one individual would undermine fairness and equality.

“Public employment is scarce. The youth of the country eagerly await such employment opportunities, as and when the same are thrown open, with fervent hopes for a brighter future,” the court said.

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The court examined whether a candidate who skipped a mandatory test citing illness could seek rescheduling despite explicit rules making the schedule final, ultimately ruling that such relaxation cannot be claimed as a right.

Recruitment drive, missed opportunity

The case arose from a Delhi Police recruitment notification issued on September 1, 2023, for the post of constable (executive). The respondent, Uttam Kumar, had successfully cleared the initial stage of the selection process and was scheduled to appear for the PE and MT on January 14, 2024.

However, he failed to appear on the scheduled date, citing illness, specifically cold, cough, fever, headache, and dizziness. He claimed to have submitted representations on January 13, 14, and 25, 2024, seeking rescheduling of the test.

CAT, high court relief

When no response was received, the aspirant approached the CAT, which, by its order dated July 7, 2025, directed Delhi Police authorities to allow him to take the test with a subsequent batch.

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This direction was upheld on September 3, 2025, effectively granting the candidate a second chance on equitable grounds.

Doubts over representations, conduct

The court expressed serious reservations about the respondent’s claims regarding his representations stating that there was no acknowledgment or proof of receipt of two of the representations.

The court said that the first representation was admittedly not accepted by the officer concerned and the candidate himself stated that he was able to move around on January 13, 2024, raising doubts about his inability to appear the next day.

The bench held that even if the representations were assumed to have been submitted, non-response from authorities does not create a legal right to rescheduling.

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‘At least show up’

A key aspect of the ruling was the Supreme Court’s emphasis on minimum expected diligence from candidates. It noted that the aspirant did not even attempt to appear at the test venue to explain his condition or seek accommodation.

“The minimum that one could expect… was to report for the PE&MT, cite his inability… and request rescheduling,” the court said, adding that “not showing up and expecting a second chance… demonstrates a lack of drive and initiative.”

The bench also remarked that such conduct was particularly concerning for someone aspiring to join the police force, where discipline and commitment are essential.

Rejecting arguments that the candidate’s background warranted leniency, the court made it clear that equitable considerations cannot override recruitment rules.

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“Merely because one belongs to the backward community cannot be the decisive factor for tilting the scales,” the judgment held.

The court reiterated that public employment must ensure a level playing field, free from subjective or discretionary relaxations.

Final verdict

Allowing the appeal, the Supreme Court set aside the CAT’s order dated July 7, 2025 and the Delhi High Court’s judgment dated September 3, 2025

It held that judicial forums cannot disrupt recruitment processes by introducing exceptions not contemplated in the rules.

Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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