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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Saurabh Shyam Shamshery, J.
Nitish Maurya and others – Petitioners
Versus
State of U.P. and others – Respondent
WRIT - A No. - 7520 of 2025, WRIT - A Nos. 15574 of 2025 and 20898 of 2024
Decided On : 19-11-2025
| Table of Content |
|---|
| 1. selection process details and results. (Para 1 , 2 , 3) |
| 2. summary of court directions and responses. (Para 4 , 6 , 7) |
| 3. legislative changes impacting recruitment. (Para 5) |
| 4. contention about waiting list criteria. (Para 8 , 9 , 10 , 11) |
| 5. court's analysis on continuity of selection processes. (Para 12 , 13 , 14) |
| 6. interpretation of waiting list regulations. (Para 15 , 16 , 17 , 18) |
| 7. final decision on petitions. (Para 20 , 21) |
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 with respect to individual posts and or candidates. Those may be identified as on 30.09.2022.
(I) The Directorate of Secondary Education and the Board shall cause to be hosted on their respective websites, the Scheme for allotment of vacant posts, to wait listed candidates, as provided by this order, together with date lines. This exercise may be completed by 07.10.2022.
(II) The Directorate, Secondary Education, shall intimate to the Board the existing vacancies together with subject and group wise description, as on 30.9.2022, by 15th October 2022.
(III) Upon receipt of those details, the Board shall offer the vacant posts to the candidates available on the wait list, in order of merit in the appropriate subject and group category.
(IV) At that stage, a further publication shall be made and hosted by the Board on its official website containing a complete chart of all vacant posts identified. It shall specify the post/s to be left out of this Scheme, in view of any interim order passed in any case/s. This exercise may be completed by 15th November 2022.
(V) Thereupon, the wait listed candidates may be invited to submit their fresh choice of institution/s in Rule 12 (9) of the Rules. Necessary communication in that regard be made by the Board to the candidates through the same mode as may have been adopted by the Board while inviting the candidates for interview/original allotment.
(VI) Thus, the Board shall:
(i) call for such options/ choice on its Web Portal that may be suitably adapted and enabled to serve the purpose.
(ii) register the choice/s so expressed against the registered email id of each candidate, linked to their mobile phone no.
(iii) the choice once registered may be acknowledged and confirmed to the individual candidates at their registered email id and mobile number.
(iv) not allow any change of choice, after its registration and acknowledgment, as above.
(VII) To express their choice, the Board shall allow the concerned candidates, three days' time to register their choice/s. In the facts of the present case that exercise may be completed between 28th November 2022, to 30th November 2022.
(VIII) Upon completion of that process, the Board will prepare Supplementary Panel-I, specific to Advertisement No.1/2016, and make available, the same to all D.I.O.S., with due intimation to the concerned Joint Direct
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.
Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.
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....
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