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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Sanjeev Sachdeva, Vinay Saraf
Umakant Swarnkar – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. appellant challenges dismissal of appointment. (Para 1 , 2) |
| 2. petitioner argues for consideration from waiting list. (Para 3 , 5) |
| 3. court observes waiting list expired. (Para 4 , 6 , 7) |
| 4. judgment based on precedent of lapsed waiting lists. (Para 8 , 9) |
| 5. court concludes appeal is dismissed. (Para 10 , 11) |
ORDER :
Sanjeev Sachdeva, A.C.J.
1. Appellant impugns order dated 08.01.2024 whereby the petition filed by the appellant seeking grant of appointment to the post of Sports Officer has been dismissed.
2. Petitioner applied pursuant to an advertisement by the Madhya Pradesh Public Service Commission in the year 2018 for the post of Librarian and Sports Officer in the OBC category. Select List was issued on 07.12.2018. However, petitioner's name did not figure in the select list but was put in the waiting list at serial No.51.
3. Petitioner approached this court contending that since petitioner was placed in the waiting list and there were still post vacant, he be considered for appointment.
4. By the impugned order learned Single Judge has held that life of the waiting list was one year and since the select list was published on 07.12.2018 and one year having elapsed,
A waiting list for job appointments expires after one year, and no relief can be granted after its lapse.
Administrative delays cannot nullify an eligible candidate's right to appointment if claims are made within the valid recruitment timeline.
Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.
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 obligation of the state to operate the waiting list and fill vacancies from it when selected candidates do not join, as established in previous case law, was the central legal principle.
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
The waiting list candidates have the right to claim appointment if the candidates from the main list do not join, and the State must provide justifiable, non-arbitrary reasons for not filling up the ....
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