Waiting List Can’t Be Used As ‘Reservoir’ To Fill Posts Falling Vacant Due To Resignation Of Selected Candidate
Case: State of JK & Anr. V Danish Zia Bhat & Ors.
Coram: Chief Justice Pankaj Mithal & Justice Moksha Kazmi
Case No.: LPASW No. 186/2018
Court Observation: “Vacancies cannot be filled up over and above the number of vacancies advertised as the recruitment of the candidates in excess of the vacancies notified is denial and deprivation of the constitutional right under Article 14 read with Article 16 of the Constitution of those persons who acquired eligibility for the posts in question in accordance with the statutory rules subsequent to the date of notification of the vacancies. Filling up of the vacancies over and above the notified vacancies amounts to filling up a future vacancies which is not permissible in law. In the event, the vacancies notified stands filled up, the process of selection comes to an end and the waiting list cannot be used as a reservoir.”
“It has also been clarified that the vacancy which has been advertised and on which a selected candidate has been appointed if resigns subsequently would lead to the exhaustion of the select panel and no one from the said panel can be pushed up for appointment. In other words, such a vacancy has been described as a fresh vacancy to be filled up after a new advertisement and a fresh selection thereof”
“In view of the aforesaid facts and circumstances, we are of the firm opinion that the learned Single Judge manifestly erred in law in allowing the writ petition directing the respondents to operate the waiting list of the Junior Engineers ( Civil ) even against the posts falling vacant due to resignation of the candidates selected and joining within a period of one year from the date of the preparation of the said select list,”
Previous Posts
Entity Which Misuses Status Under Section 12AA Income Tax Act Not Entitled To Retain It: Supreme Court Upholds Cancellation Of Trust Registration Download Judgement
