IMPORTANT POINT
Enlistment of name in Additional List neither creates a right nor a co-relative obligation for appointment.

ORDER :

1. This Civil Appeal by the State of Karnataka impugns the judgment of the High Court directing appointment of the Respondent to the post of Assistant Teacher, as her name appears in the Additional List (Wait List) of candidates. Having considered the rules and the principles that govern the services, we have held that enlistment of name in the Additional List neither creates a right nor a co-relative obligation for appointment. For reasons that follow, we have allowed the appeal filed by the State and set aside the directions of the High Court. Facts that are necessary for disposal of the appeal are as follows:-

2. Pursuant to a notification issued by the Department of Public Instructions, the Respondent applied for the post of Assistant Teacher in Government Primary School at Chikkaballapur District. Post the selection process, the selection authority, issued the final select list of five candidates on 20.01.2016. The Respondent was not one of them. However, an Additional List (which is in the nature of a wait list) was published on 29.02.2016, which comprised of just one candidate, the Respondent herein. The Additional List had a note which stated that mere inclusion in the list would not confer a right to appointment and that the selection of the candidates named in the Additional List is provisional and subject to the directions received by the government from time to time.

3. A few months later i.e., on 21.07.2016, when a selected candidate made a representation that she was not inclined to take up the post, the Respondent addressed a letter to the Appellants on 08.09.2016 to consider her candidature since she was the only candidate in the Additional List.

4. Respondent’s request for appointment was rejected by the State on 17.02.2017 on the basis of Proceedings of Govt. of Karnataka dated 11.04.2003, which provides that an Additional List shall remain valid up to six months from the date of its publication or the date when all the posts are filled up, whichever is earlier. Since the Additional List was published on 29.02.2016, it would be valid up to 28.08.2016. As the Respondent made a representation only on 08.09.2016, which was beyond the six-month period, the request of the Respondent was rejected. This decision was challenged by the Respondent before the Karnataka Administrative Tribunal (hereinafter referred to as ‘Tribunal’). The Tribunal dismissed the Application by relying on the Proceedings dated 11.04.2003. This decision was challenged by the Respondent before the High Court of Karnataka in a writ petition under Article 226 of the Constitution.

5. The High Court, by the judgment impugned herein, set aside the order of the Tribunal, holding that the State failed in its obligation to inform the respondent about the existence of the vacancy that has arisen, and also that, there were “latches in filling up the vacancy”. For this reason, the High Court was of the opinion that the respondent was not at fault when she made her application after expiry of six months. The appellants were directed to give effect to the Additional List within three months from the date of the order.

6. We have heard learned counsel for the parties. At the outset, the Appellant has placed reliance on the Proceedings of the Government of Karnataka dated 11.04.2003, which is essentially a clarification about the life of the Additional List. The relevant portion of the clarification as under: -

“And for the question of till how long the Additional list is valid?

For this, answer is up to 6 months of the announcement of additional list or by filling all the posts which has been already announced, whichever occurs first is to be taken into consideration.”

7. As per the above referred clarification, the Additional List (wait list) will subsist for a period of six months from the date of its announcement. In the present case, the selection process which commenced on 23.03.2015, culminated in the issuance of a selection list on 20.01.2016. The