Case Note & Summary
The petitioners, three individuals, were placed in the waiting list for the post of Health Worker (Male) (Sprayer) under the open category pursuant to an advertisement dated 25 April 2012 issued by Respondent No.1. The petitioners appeared for an interview on 29 May 2012 and their names were listed in the waiting list published by Respondents 2 and 3. However, due to faults in the experience certificates of 11 selected candidates, the respondents could not fill the posts. The petitioners made a representation on 16 September 2013 seeking appointment from the waiting list. The respondents did not act on it. The petitioners filed a writ petition on 11 February 2014 seeking appointment. The court considered the legal position that waiting list candidates have no vested right to appointment after the expiry of one year from the date of publication of the select list. The court relied on the Supreme Court's decision in Kulwinder Pal Singh v. State of Punjab, which held that the right to appointment from a waiting list is not indefeasible and that the waiting list lapses after one year. The court noted that the petitioners' representation was made after one year and that the respondents had valid reasons for not filling the posts. Consequently, the court dismissed the petition, holding that the petitioners cannot claim appointment after the lapse of one year.
Headnote
A) Service Law - Appointment from Waiting List - Vested Right - Waiting list candidates have no vested right to appointment after expiry of one year from the date of publication of the select list - The petitioners were in the waiting list for the post of Health Worker (Male) (Sprayer) pursuant to an advertisement dated 25/04/2012 - The respondents did not appoint them within one year - The court held that the waiting list lapses after one year and the petitioners cannot claim appointment thereafter - The principle of legitimate expectation is not applicable as the respondents had valid reasons for not filling the posts (Paras 3-5).
Issue of Consideration
Whether the petitioners, who were in the waiting list for the post of Health Worker (Male) (Sprayer), have a vested right to appointment after the expiry of one year from the date of publication of the select list.
Final Decision
The writ petition is dismissed. The petitioners have no vested right to appointment after the expiry of one year from the date of publication of the select list.
Law Points
- Waiting list candidates have no vested right to appointment after one year from publication of select list
- The right to appointment from waiting list is not indefeasible
- The appointing authority has discretion to fill vacancies from waiting list only within a reasonable period
- The principle of legitimate expectation cannot be invoked after expiry of one year
