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MANISH CHOUDHURY
Ratul Bania, S/o Late Gopi Kanta – Appellant
Versus
Special Judge, CBI and NIA Assam – Respondent
JUDGMENT :
The instant writ petition under Article 226 of the Constitution of India is preferred seeking inter-alia a direction to the respondent authority to consider and appoint the petitioner in a Grade-IV post of Peon in the establishment of the Special Judge, CBI & NIA, Assam at Guwahati.
2. The case projected on behalf of the petitioner, in brief, is that by an Advertisement dated 29.03.2022, a process of recruitment was initiated to fill up a vacancy in Grade-IV post of Peon in the establishment of the Special Judge, CBI & NIA, Assam at Guwahati. Responding to the said Advertisement, the petitioner submitted his candidature. Call Letters were issued to the eligible candidates to appear in an interview/viva-voce before a Selection Board on 13.03.2023. After completion of the process, a selection list was published on 31.03.2023. In the selection list dated 31.03.2023, one Ranjit Thapa was shown selected for appointment to the post of Peon. The said selected candidate could not, however, be offered appointment due to certain anomalies in his testimonials. While publishing the selection list on 31.03.2023, a waiting list containing the names of two candidates was also published a
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....
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
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.
In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.
The inaction of the government in not appointing candidates from the waiting list without justifiable reasons is arbitrary, bad in law, and illegal.
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