Synopsis

The appellant, a candidate belonging to the Scheduled Caste (SC) category, applied for a post of Assistant Professor in Management advertised by Delhi Technological University in 2017. The advertisement did not prescribe any benchmark or minimum qualifying marks for suitability. The Selection Committee, after conducting screening test, presentation, and interview, recommended one SC candidate for appointment and declared “None Found Suitable” (NFS) for another SC post. The appellant challenged the NFS declaration, arguing that in the absence of any prescribed benchmark, the declaration was arbitrary. The Single Judge dismissed his writ petition, and the Division Bench affirmed, holding that while the NFS declaration without a benchmark was indeed arbitrary, the appellant could not be granted relief because subsequent recruitment processes (including one in 2024 where benchmarks were fixed) had taken place, the appellant participated but failed to secure the benchmark (50 marks, he got 47.8), and much water had flown under the bridge. The court declined to interfere.

Court: High Court of Delhi (Division Bench)
Coram: Devendra Kumar Upadhyaya, CJ & Tejas Karia, J.
Date: April 9, 2026
Citation: 2026:DHC:2967-DB
Core Law: Service Law – Recruitment, Selection Process, Reservation, “None Found Suitable” (NFS) declaration.

2. Legal Framework

• Constitution of India: Article 226 – writ jurisdiction; Article 14 (equality, arbitrariness); Article 16 (equality of opportunity in public employment).

• Service Jurisprudence – Recruitment: Requirement of fixing minimum qualifying marks/benchmark for selection; “None Found Suitable” (NFS) declaration must be based on a rational criterion; otherwise it is arbitrary.

• Relevant Precedents: None cited in the judgment; the court applied general principle

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