Case Note & Summary
The petitioner, Mr. Nitin Naresh Daki, a physically handicapped person suffering from more than 45% disability and a sports person who participated in international and state level tournaments as a power lifting champion, applied for the post of Peon reserved for sports persons pursuant to an advertisement dated 7 September 2013 issued by Respondent No.1, Zilla Parishad, Raigad. The petitioner was placed in the waiting list having obtained 46 marks, while one Mr. Ajay Khade who obtained 47 marks was selected as per the list dated 18.01.2014. However, in April 2014, Mr. Ajay Khade communicated his inability to join the post. The petitioner, being the only eligible candidate in the waiting list, ought to have been appointed by the respondents. However, for unknown reasons, the petitioner was not appointed within the prescribed period. The respondents took shelter of the expiry of one year from the preparation of the select list to deny the claim. The court noted that Clauses 16, 17 and 18 of the Government Resolution dated 30.04.2015 prescribe the procedure to be followed for appointment on a vacant post when the selected candidate fails to join. Clause 17 specifically provides that in such a situation, the department is required to appoint the next waiting list candidate temporarily, subject to completion of formalities. The court held that the expiry of one year should not be a reason to deny the claim of the petitioner, who was at serial No.1 in the waiting list and the selected person did not join the post. The court directed the respondents to appoint the petitioner to the post of Peon within four weeks from the date of the order, failing which the petitioner would be entitled to costs of Rs.25,000.
Headnote
A) Service Law - Appointment from Waiting List - Government Resolution Clauses 16, 17, 18 - When the selected candidate fails to join, the department is required to appoint the next waiting list candidate temporarily, subject to completion of formalities. The petitioner, a physically handicapped person with more than 45% disability and a sports person, was the only eligible candidate in the waiting list after the selected candidate declined the post. The court held that the expiry of one year from the select list cannot be a reason to deny the claim, and directed the respondents to appoint the petitioner within four weeks. (Paras 2-6)
Issue of Consideration
Whether the petitioner, being the next candidate in the waiting list, is entitled to appointment to the post of Peon when the selected candidate failed to join, and whether the expiry of one year from the preparation of the select list is a valid ground to deny such appointment.
Final Decision
The court allowed the writ petition and directed the respondents to appoint the petitioner to the post of Peon within four weeks from the date of the order. If the order was not complied with within four weeks, the petitioner would be entitled to costs of Rs.25,000.
Law Points
- Government Resolution dated 30.04.2015
- Clauses 16
- 17
- 18
- Waiting list candidate entitled to appointment when selected candidate fails to join
- Expiry of one year not a valid ground to deny appointment
