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TMI Blog2023 (5) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... of U.P. w.e.f. 28.12.1999. Applications were invited by NCLT vide Office Memorandum dated 16.11.2017 for filling up different posts including post of Assistant Registrar in their set up, on deputation basis. Petitioner applied as she fulfilled all the requisite conditions stipulated in the Notification and was duly selected for appointment on deputation basis vide order dated 05.03.2018, initially for a period of one year from the date of assumption of charge and joined the post w.e.f. 02.04.2018. 3. Thereafter, options were invited by NCLT vide O.M. dated 21.12.2020 for absorption from those officers who were on deputation in NCLT from other Departments and fulfilled the eligibility criteria stipulated in Rule 10 i.e 'Absorption of Employees on Appointment on Deputation' of the National Company Law Tribunal (Recruitment, Salary and other Terms and Conditions of Service of Officers and other Employees) Rules, 2020 (hereinafter referred to as '2020 Rules'), followed by Corrigendum dated 23.12.2020. 4. Petitioner, who was already working as an Assistant Registrar on deputation basis in NCLT, opted for permanent absorption and at the same time, NCLT processed her case for further ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Corporate Affairs. 7. It was submitted that the parent department of the Petitioner had conveyed its no-objection on 28.06.2021 to the absorption of the Petitioner as Assistant Registrar in NCLT and member of the DPC was also nominated on 05.11.2021. Therefore, all that was required to be done was to convene the DPC and make appointments as per the DPC's recommendations. Petitioner requested for extension of deputation so that in the meantime, the process of absorption could be completed, however, without finalising the absorption process, Petitioner was illegally relieved on 01.04.2022, in the teeth of recommendation by the NCLT to extend the deputation tenure up to 01.04.2023. 8. The next plank of argument on behalf of the Petitioner was that once the process of absorption was initiated and was under active consideration, Petitioner had a legal and vested right for consideration for permanent absorption and there is no plausible reason forthcoming for depriving her of this valuable right. Even though, Petitioner has joined her parent department on being relieved by Respondent, this cannot be an impediment in her consideration and directions be issued to the Respondents to co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the working of all Benches by putting in place a highly efficient administration. Every effort is being made to appoint people on deputation who bring with them vast experience in different fields which helps in increasing administrative efficiency on a holistic level. 12. In view of this decision to make appointments on deputation on all senior posts, it was decided to terminate the process of permanent absorption to the post of Assistant Registrar and since the process itself stood terminated, the question of considering the case of the Petitioner did not arise. Moreover, it is settled law that even successful candidates do not acquire an indefeasible right to be appointed and the appointments can be legitimately denied even where a process has been initiated. This is because a notification or an advertisement for recruitment/absorption merely amounts to an invitation to qualified and eligible candidates to apply for recruitment but gives no right until finally selected. There is no reciprocal obligation on the Government or any employer to fill all or any vacancies and selection process can always be cancelled without reaching its logical conclusion. 13. Reliance was placed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manent absorption was initiated by NCLT and thus, the moot question that arises for consideration is whether the Petitioner can insist that the process must be taken to its logical end by convening a DPC and considering those who had applied/opted for permanent absorption. 17. It is a settled law that filling up of posts, mode of recruitment, category from which the recruitment is to be made, etc. are all matters exclusively within the domain of the Executive. In State of Andhra Pradesh and Another v. V. Sadanandam and Others, 1989 Supp (1) SCC 574, the Supreme Court held that it is not for judicial bodies to sit in judgment over the wisdom of the Executive in choosing the mode of recruitment, as these are matters of policy decision falling exclusively within the purview of the Executive. Constitution Bench of the Supreme Court in Shankarsan Dash (supra), held as follows:- "7. .... Even if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates do not acquire any indefeasible right to be appointed against the existing vacancies. Ordinarily the notification merely amounts to an invitation to qualified candidate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that even where a candidate is brought on a panel and sent for training at the Government expense, it would not imply that any right has been created for appointment. It is purely the domain of the Executive as a matter of policy decision to decide which and how many vacancies to fill as also the mode of recruitment albeit the mode must form part of the Recruitment Rules/Regulations in question for appointment to a particular post. In view of the wealth of judicial precedents, it can hardly be argued by the Petitioner that there is a legal right to insist that the DPC must be convened and the post of Assistant Registrar must be filled by the mode of permanent absorption as against the mode of deputation sought to be adopted by NCLT. 20. Mr. Raju strenuously urged that once the process of permanent absorption was initiated, Respondents were under an obligation to ensure that the process is taken to its logical end and it is illegal to terminate or abandon the process midway. This Court cannot accept this argument, which is clearly in the teeth of the judgments of the Supreme Court, holding to the contrary. I may profitably refer to the judgment in Employees State Insurance Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to insist that the DPC must be convened and NCLT is bound to follow the mode of absorption for appointment. 22. The matter can be examined from another angle. The law on deputation and absorption is fairly well settled. A deputationist has no right to either continue on deputation or to claim permanent absorption in the borrowing department. It was held by the Supreme Court in Kunal Nanda v. Union of India and Another, (2000) 5 SCC 362, that the basic principle underlying deputation itself is that the person concerned can always and at any time be repatriated to his parent department to serve in his substantive position and there is no right to claim continuance on deputation or seek absorption. In Pawan Kumar & Ors. v. Union of India & Ors., 2018 SCC OnLine Del 12615, a Division Bench of this Court rejected the relief of absorption and even negated the plea of legitimate expectation in a case where the Petitioners had continued on deputation for 7 years or more. 23. In the present case, Petitioner was appointed on deputation as Assistant Registrar, NCLT by an order dated 05.03.2018 for a period of one year, which was extended up to 01.04.2022 after which she has been relieved ..... X X X X Extracts X X X X X X X X Extracts X X X X
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