Case Note & Summary
The petitioners, who were waitlisted candidates for the post of Probationary Officers/Management Trainees for the year 2016-2017, filed a writ petition seeking a direction to the respondents (Institute of Banking Personnel Selection and participating organizations) to appoint them against vacancies that arose after the recruitment process concluded. The recruitment process was initiated by an advertisement dated 06/07/2015, followed by online examinations on 31/10/2015 and provisional allotment on 01/04/2016. The provisional allotment notice provided for 10% of vacancies to be kept as waitlist/reserve candidates. The petitioners claimed that despite vacancies existing with the participating organizations, the respondents did not fill them from the waitlist. The respondents contended that the validity of the select list was for one year from the date of provisional allotment, and the petition was filed after this period expired. The Court analyzed the terms of the advertisement and the provisional allotment notice, noting that the validity period had lapsed. The Court held that inclusion in a waitlist does not confer a vested right to appointment, and the employer has discretion to decide whether to fill vacancies from the waitlist. The Court dismissed the petition, finding no merit in the petitioners' claim.
Headnote
A) Service Law - Recruitment - Waitlist Candidates - No Vested Right to Appointment - The petitioners, waitlisted for the post of Probationary Officers/Management Trainees, claimed appointment against vacancies that arose after the recruitment process concluded. The Court held that inclusion in a waitlist does not confer a vested right to appointment, especially after the validity period of the select list expired. The recruitment process was completed and the respondents were not obligated to fill vacancies from the waitlist. (Paras 2-18) B) Service Law - Recruitment - Validity of Select List - Expiry of Validity Period - The advertisement and provisional allotment notice specified that the validity of the select list was for one year from the date of provisional allotment (01/04/2016). The petition was filed after the expiry of this period. The Court held that the respondents were not bound to consider the waitlisted candidates after the validity period ended. (Paras 10-18) C) Service Law - Recruitment - Discretion of Employer - Filling Vacancies from Waitlist - The Court held that it is within the discretion of the employer to decide whether to fill vacancies from the waitlist. The respondents had already filled the vacancies from the main select list and had no obligation to fill subsequent vacancies from the waitlist. (Paras 15-18)
Issue of Consideration
Whether the petitioners, as waitlist/reserve list candidates, have a vested right to claim appointment against vacancies that arose after the conclusion of the recruitment process and expiry of the validity period of the select list.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- No vested right to appointment from waitlist
- recruitment process concluded
- validity period of select list
- no direction to fill vacancies from waitlist after expiry
