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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Nitish Maurya – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Petitioners in all writ petitions have participated in a selection process commenced in pursuance of Adv. No. 01/2016 issued by U.P. Secondary Education Service Selection Board, Allahabad for appointment of Assistant Teachers (LT Grade) in privately managed recognized and aided Higher Secondary Schools in the State. The advertisement was for filling up 7950 posts of Assistant Teachers (LT Grade) in 22 different subjects.
2. Petitioners after crossing hurdle of written examination participated in interview on different dates in the year 2020 and finally result was declared on different dates from December, 2020 to July, 2021. Name of petitioners were not found in merit list as well as in waiting list which was initially comprised of 10% of total selected candidates.
3. In view of above, petitioners have approached this Court by way of filing Writ A No. 14121 of 2022 which was decided vide a judgment dated 29.09.2022 with following directions :-
“23. Accordingly, following directions are issued to be complied with by the Board and the State authorities to fill up all vacancies existing as on date, except where specific Court orders already exist w
Selection boards have discretion to prepare waiting lists up to 25% of vacancies, not mandated to reach exactly that number, ensuring reasonable timelines for the recruitment process.
The main legal point established in the judgment is that the action of the respondents in not preparing a waiting list in compliance with Rule 15(3) of Rules 1992 was arbitrary and against the spirit....
Sub-clause (vi) of Rule 277A of Rules of 1996 read as Authorized Agency shall prepare category wise select list of candidates declared successful on basis of criteria of selection laid down.
The court emphasized the obligation of the Board to prepare a select panel larger than advertised vacancies, reaffirming that mere selection does not confer an indefeasible right to appointment.
The court emphasized the obligation to maintain a Reserve Panel for timely appointments, asserting candidates have a legitimate expectation to be considered for unfilled vacancies, as mandated by ear....
Selected candidates do not have an indefeasible right to be appointed, and executive instructions cannot override statutory rules.
Candidates on a wait list have no vested right to appointment, but must be reasonably considered when vacancies exist, emphasizing merit in recruitment processes.
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