Case Note & Summary
The petitioner, Udaysing Jalamsing Valvi, filed a writ petition seeking direction to the respondents to appoint him to the post of Senior Assistant (Accounts) under the Scheduled Tribe (ST) reserved category. The respondents had issued an advertisement on 1 September 2011 for the post, with one post reserved for ST category. After selection process, one Pritam Hiraji Surekar was selected as the candidate, and the petitioner was placed in the waiting list at Serial No.1. However, Mr. Surekar could not submit his caste validity certificate despite three months extension, and later his caste was invalidated by the Scrutiny Committee on 8 August 2012. The petitioner, who possessed a valid caste certificate validated by the Caste Scrutiny Committee, made representations on 30 March 2012, 22 May 2012, and 23 July 2012 seeking appointment. Instead of appointing the petitioner, the respondents issued another advertisement on 15 April 2012 but did not fill the ST post. The petitioner's representation was rejected by communication dated 2 November 2012. The court considered whether the waiting list candidate has a right to appointment when the selected candidate fails to join. The court held that the waiting list candidate is entitled to appointment, and the respondents cannot ignore the waiting list and issue a fresh advertisement. The court directed the respondents to appoint the petitioner to the post of Senior Assistant (Accounts) under ST category within four weeks from the date of the order.
Headnote
A) Service Law - Appointment - Waiting List Candidate - Right to Appointment - When selected candidate fails to join due to inability to produce caste validity certificate, the waiting list candidate is entitled to be appointed - The respondents cannot ignore the waiting list and issue a fresh advertisement - Held that the petitioner, being waiting list candidate No.1 with a valid caste certificate, is entitled to appointment (Paras 7-10).
Issue of Consideration
Whether a waiting list candidate is entitled to appointment to a reserved post when the selected candidate fails to join due to inability to produce a caste validity certificate, and whether the respondents can ignore the waiting list and issue a fresh advertisement.
Final Decision
The court allowed the writ petition and directed the respondents to appoint the petitioner to the post of Senior Assistant (Accounts) under ST category within four weeks from the date of the order.
Law Points
- Waiting list candidate has right to appointment when selected candidate fails to join due to inability to produce caste validity certificate
- Rule 4A of Maharashtra Zilla Parishad District Selection Committee (Recruitment and Conditions of Service) Rules
- 1968
- Article 16 of Constitution of India
Case Details
2014 LawText (BOM) (01) 39
WRIT PETITION NO. 4257 OF 2013
Anoop V. Mohta, B.P. Colabawalla
Ms. Vaishali K. Jagdale for the Petitioner, Mr. C.G. Gavnekar for Respondent Nos. 1 and 2
Mr. Udaysing Jalamsing Valvi
The Secretary, District Selection Committee, Raigad Z.P., Alibagh, District Raigad and The Chief Executive Officer, Raigad Z.P., Alibagh, District Raigad
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Nature of Litigation
Writ petition seeking direction to appoint petitioner to the post of Senior Assistant (Accounts) under ST reserved category.
Remedy Sought
Direction to respondents to appoint the petitioner on the post of Senior Assistant (Accounts) under Scheduled Tribe reserved category.
Filing Reason
Respondents rejected petitioner's representation and claim for appointment despite being waiting list candidate No.1 and the post being vacant due to selected candidate's inability to furnish caste certificate.
Previous Decisions
Respondents rejected petitioner's representation by communication dated 2 November 2012.
Issues
Whether the petitioner, as waiting list candidate No.1, is entitled to appointment when the selected candidate failed to join due to inability to produce caste validity certificate.
Whether the respondents can ignore the waiting list and issue a fresh advertisement for the same post.
Submissions/Arguments
Petitioner argued that he is eligible and qualified, possesses a valid caste validity certificate, and being waiting list candidate No.1, he should be appointed to the vacant ST post.
Respondents argued that the waiting list candidate has no right to appointment and they can issue a fresh advertisement.
Ratio Decidendi
A waiting list candidate has a right to appointment when the selected candidate fails to join due to inability to produce a caste validity certificate. The respondents cannot ignore the waiting list and issue a fresh advertisement for the same post.
Judgment Excerpts
The Petitioner's main prayer is to direct the Respondents to appoint the Petitioner on the post of Senior Assistant (Accounts) under Scheduled Tribe reserved category, as by communication dated 2 November 2012, the Respondents rejected the representation and claim of the Petitioner, though being waiting list candidate No.1 and as the post was vacant, as the appointed candidate unable to join the post, as unable to furnish the caste certificate.
The Respondents, instead of appointing the Petitioner, issued another advertisement on 15 April 2012, but not filled the post in question of Senior Assistant (Accounts) under ST Category.
Procedural History
The petitioner made representations on 30 March 2012, 22 May 2012, and 23 July 2012 seeking appointment. The respondents rejected the representation by communication dated 2 November 2012. The petitioner then filed the present writ petition on an unspecified date. The court heard the matter on 8 January 2014 and pronounced judgment on 22 January 2014.
Acts & Sections
- Constitution of India: Article 16
- Maharashtra Zilla Parishad District Selection Committee (Recruitment and Conditions of Service) Rules, 1968: Rule 4A
