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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Jitumoni Saikia S/o. Late Giridhar Saikia – Appellant
Versus
State Of Assam, Represented By The Legal Remermbrancer And Secretary Judicial Department – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1.Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the petitioner. Mr. G. Baishya, the learned Standing Counsel appears on behalf of the Gauhati High Court. Mr. R. J. Das, the learned counsel appears on behalf of the respondent No.6 in WP(C) No.1056/2024 and Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the State respondents.
2. The two writ petitions are interconnected, and as such, the same are taken up for disposal by this common judgment and order.
3. WP(C) No.1056/2024 is filed by the petitioner seeking a direction that the petitioner being a wait listed candidate should be appointed against the vacancy which have arisen in view of the resignation of the selected candidates in the OBC category. WP(C) No.3666/2024 has been filed by the same petitioner challenging the action on the part of the Respondent Authorities to initiate the process for filling up the vacancy of Jarikarak in the OBC category which came into existence in view of the resignation of the selected candidates in pursuance to the select list dated 26.04.2022.
4. The question which arises in the instant proceedings is as to whether
Wait listed candidates do not have a right to appointment against vacancies arising post-completion of a selection process; fresh selection procedures must be initiated instead.
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 waiting list for recruitment is exhausted upon appointment, necessitating a fresh selection process for any resultant vacancies.
The waiting list for recruitment cannot be used to fill vacancies arising from the resignation of selected candidates, as such vacancies are treated as fresh vacancies requiring a new selection proce....
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
The main legal point established in the judgment is that the appointing authority cannot deny appointments on whims and must act in accordance with the rules and with justifiable reasons. The judgmen....
Waiting lists do not confer vested rights for appointment, and recruitment processes can lapse with new selections, as confirmed by the court.
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.
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