Case Note & Summary
The petitioner, Mahadu Shyamrao Pawar, applied for the post of Parichar (Class-IV Peon) in Zilla Parishad, Jalgaon, under the earthquake affected persons category. The selection process was conducted, and a selection list was published on 9th July 2012, wherein the petitioner's name appeared at serial No.1 in the waiting list. Subsequently, one Balaji Limbaji Yadav was appointed on 7th February 2013. The petitioner challenged this appointment by filing Writ Petition No.1074/2014, alleging that the certificate produced by Yadav was not genuine. However, the present petition was filed seeking a direction to respondent No.2 to issue appointment in favour of the petitioner from the waiting list. The court considered the legal position regarding the rights of waiting list candidates. It observed that a candidate in the waiting list does not have a vested right to appointment unless the appointment of the selected candidate is invalidated by a competent court. Since the appointment of Balaji Limbaji Yadav was not set aside, the petitioner could not claim appointment as a matter of right. The court also noted that the selection process had concluded and no direction could be issued to appoint the petitioner from the waiting list. Consequently, the writ petition was dismissed. The court, however, clarified that if the petitioner has any grievance regarding the genuineness of the certificate of the selected candidate, he may pursue appropriate remedies in accordance with law.
Headnote
A) Service Law - Appointment from Waiting List - Vested Right - Waiting list candidate has no vested right to appointment unless the appointment of the selected candidate is invalidated by a competent court - The petitioner, whose name was at serial No.1 in the waiting list for the post of Parichar, sought appointment after challenging the appointment of the selected candidate - The court held that since the appointment of the selected candidate was not set aside, the waiting list candidate cannot claim appointment as a matter of right (Paras 3-6).
Issue of Consideration
Whether a candidate whose name appears in the waiting list has a vested right to be appointed when the selected candidate's appointment is challenged but not set aside.
Final Decision
The writ petition is dismissed. However, if the petitioner has any grievance regarding the genuineness of the certificate of the selected candidate, he may pursue appropriate remedies in accordance with law.
Law Points
- Waiting list candidate has no vested right to appointment
- Selection process concluded
- Appointment from waiting list only if selected candidates' appointments are invalidated
- No direction to appoint from waiting list can be issued
