IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Rupinderjit Kaur – Appellant
Versus
The Manager, Dhanpatmal Virmani Sr. Sec. School & Ors. – Respondents
W.P.(C) 9442 of 2018
Decided On : 12-07-2023
Appointment - TGT Maths - Constitution of India - Article 226 - [Issue No. 1: Whether the merit list of 2017 entitles the petitioner any legal right to get appointed at the concerned post? Issue No. 2: Whether the merit list prepared in the year 2017 could survive for an indefinite period?]
Fact of the Case:
The petitioner sought to quash the appointment of respondent No. 8 to the post of TGT Maths and requested her own appointment to the same post. The petitioner alleged that the degree of respondent No. 8 was obtained by playing a fraud with the University. The petitioner approached the court seeking relief after being denied access to the Inquiry Report by the respondent school.
Finding of the Court:
The court found that the petitioner did not have a legal right to be appointed at the concerned post based on the merit list of 2017. The court also held that the merit list prepared in 2017 could not survive for an indefinite period. Consequently, the court dismissed the petition as devoid of merit.
Issues: 1. Whether the merit list of 2017 entitles the petitioner any legal right to get appointed at the concerned post? 2. Whether the merit list prepared in the year 2017 could survive for an indefinite period?
Ratio Decidendi: The court relied on legal principles established in previous judgments to conclude that inclusion in a merit list does not confer a legal right to appointment, and that a merit list cannot remain valid for an indefinite period.
Final Decision: The court dismissed the petition as devoid of any merit.
ORDER
Chandra Dhari Singh, J. (Oral)--The petitioner vide the present petition under Article 226 of the Constitution of India seeks the following reliefs:
"a. Quash and set aside the appointment of respondent No. 8 to the post of TGT Maths in Dhanpatmal Virmani Sr. Sec. School, Roop Nagar, Delhi-110007 vide minutes of the Staff Selection Committee dated 25.08.2017 (Annexure-P1).
b. Direct the respondent No. 1 to 6 to appoint the petitioner to the post of TGT Maths in Dhanpatmal Virmani Sr. Sec. School; Roop Nagar, Delhi-110007 with all consequential benefits.
c. Direct the respondent No. 7 to cancel the Degree of MA Maths of respondent No. 8 as the same is obtained by playing a fraud with the University.
d. Any other or further relief which this Hon'ble Court deems fit, just and proper in the peculiar circumstance of the case in interest of justice may also please be awarded."
2. Learned Counsel for the petitioner submitted that the present writ is filed by the petitioner being aggrieved of the decision by the respondent whereby her selection to the post of Trained Graduate Teacher, Maths (hereinafter "TGT Maths"), at the respondent school was not confirmed.
3. It is submitted that one post of TGT Maths was vacant at the respondent school, pursuant to which advertisement for the application of the said position was published on 15th October 2016. The petitioner applied for the said advertised post regarding TGT Maths.
4. It is submitted that out of 58 candidates who applied for the said position 13 candidates were found eligible for interview. It is further submitted that only 6 candidates appeared before the Selection Committee for the interview on 25th August 2017, including the petitioner and respondent no. 8. Subsequently, respondent no. 8, Ms. Pooja was declared selected vide minutes of the Staff Selection Committee dated 25th August 2017, for the said post.
5. It is submitted that as per the merit list, respondent no. 8 scored 1st rank, Ms. Ashu Rani scored 2nd rank and the petitioner herein scored 3rd rank.
6. It is further submitted that a Writ Petition bearing W.P (C) No. 1160/2018 was filed by Ms. Ashu Rani, who was one of the participants appearing in the interview and stood second to respondent no. 8 in the merit list, for selection to the aforesaid post. Ms. Ashu Rani, the petitioner therein alleged that the degree of Masters in Mathematics held by the respondent no. 8 is fabricated and there is interpolation of marks given in the interview to the respondent no. 8. It was contended by the petitioner that since, the respondent no. 8 is not qualified; her appointment is illegal and invalid. It is submitted that respondent no. 8 was awarded 7.4 marks for her MA Degree which stands null and void as her degree was forged and fabricated. A Coordinate Bench of this Court vide order dated 07th February 2018 in the said petition, disposed of the Writ Petition with the direction to the respondent no. 4 to conduct an inquiry regarding the same.
7. It is submitted that pursuant to the direction of the Coordinate Bench of this Court, the inquiry was conducted by respondent no. 4. The petitioner herein requested the respondent school to supply her copy of the Inquiry Report. The same was out rightly denied by the respondent school and vide their reply dated 31st May 2018, stated the reason that, since the matter is pending for adjudication before this Court, they cannot supply with the Inquiry Report to the petitioner.
8. It is submitted that the petitioner sent a notice dated 18th June 2018 to the respondents and a reminder letter dated 13th July 2018. The respondent did not respond and the petitioner was left with no choice, had to approach this Court by way of the present writ petition.
9. It has been further submitted that, Ms. Ashu Rani submitted her No-Objection letter dated 02nd August 2018 to the petitioner stating and declaring that she is not interested in her appointment to the said position at the respondent scho
Inclusion in a merit list does not confer a legal right to appointment, and a merit list cannot remain valid for an indefinite period.
Selected candidates do not have a vested right to claim appointment, and the state has the authority to fill vacancies based on valid reasons.
The expiration of a select list due to inaction and erroneous decision of the authorities cannot deprive a selected candidate of appointment.
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
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