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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, DEVAN M. DESAI
Ahmedabad Municipal Corporation – Appellant
Versus
Shaikeshkumar Ghanshyambhai Thakkar – Respondent
ORDER :
BIREN VAISHNAV, J.
1. Heard Mr.Maulin Raval learned Senior Advocate with Mr.Hamesh Naidu learned advocate for the appellant and Mr.T.R.Mishra learned advocate for the respondent.
2. Facts of the present case are as under:
2.1 The original petitioner was appointed as Junior Clerk in EC Department of Ahmedabad Municipal Corporation on 21.07.1990. On 01.10.2004 the department issued a circular for filling up the post of Assistant Manager in the grade of Rs.8000-13500. A written examination was conducted for that purpose by the Corporation wherein the original petitioner appeared and secured 51 marks, and he was placed at Sr.137. The selection committee vide Resolution No.38 dt.19.01.2009 prepared select list/waiting list. The original petitioner was placed at Sr.No.2 in the waiting list as per his merit marks i.e. 51. By the Resolution dated 19.01.2007 passed by the Corporation eight persons were appointed on probation for a period of one year as Assistant Manager. Thereafter, the Corporation passed another Resolution on 12.02.2007 appointing one Shri Hitesh S. Thakkar on probation for one year as Assistant Manager. At this stage, it would be relevant to note Shri Hitesh S. Thakka
Candidates on a valid waiting list have a right to appointment if vacancies arise during its validity, and arbitrary denial of such appointment violates constitutional rights.
The waiting list for recruitment is exhausted upon appointment, necessitating a fresh selection process for any resultant vacancies.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
The inaction of the government in not appointing candidates from the waiting list without justifiable reasons is arbitrary, bad in law, and illegal.
The obligation of respondent authorities to consider waiting list candidates for appointment when vacancies remain unfilled from the select list, as per the advertisement clause and legal precedents.
No indefeasible right to appointment from waiting list; employer bound to rectify reservation errors; process upheld absent proven mala fides; no relief for stale claims sans vacancy.
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