Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.

ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J))

Since the subject matter and the relief sought are similar, these OAs are clubbed together and disposed of by way of a common order. For the sake of brevity, OA No. 310/2017 is taken as the leading case.

2. In the OA 310/2017, the applicants have prayed the following relief:-

"To direct the respondents to operate the Waiting List No. 36518/DSE/Esst.III/C/2014/(B), dated 11.12.2015 issued under the Notification No. 36518/DSE/Esst.III/C/2014 dated 31.12.2014 for 30 vacancies and thereby to consider and grant appointment to the applicants for the post of Physical Education Teacher and all consequential benefits and pass such other order or orders as are necessary to meet the ends of justice."

3. The brief facts of the case in nutshell are as under:-

i. The applicants are natives of Union Territory of Puducherry and having continuous residence in Union Territory of Puducherry. After completing their schooling and further necessary education, they registered with the local Employment Exchange and periodically renewed the same. In accordance with the notification dt. 31.12.2014 by the Director, Directorate of School Education, Government of Puducherry for filling up 22 posts of Physical Education Teacher (PET) in Puducherry and Karaikal regions based on erstwhile Recruitment Rules notified on 03.06.1978 and amended on 14.03.1988. The said 22 vacancies were occurred prior to the notification of present/existing Recruitment Rules for the Physical Education Teacher vide G.O.M No. 100, dated 24.08.2010. The prescribed essential educational qualifications mentioned in the said notification dt. 31.12.2014 issued for the 22 posts of PET is as follows :-

“A Degree of a recognized University with a Diploma in Physical Education of a recognized institution

OR

A Degree in Physical Education of a recognised University.”

ii. The applicants further contended that on the same date ie., 31.12.2014, the very same Education Department had issued another notification for filling up 30 posts of Physical Education Teacher (PET) in the Puducherry, Karaikal and Mahe region in accordance with the new Recruitment Rules wherein the prescribed educational qualification has been mentioned as follows :-

“i) Bachelor Degree in any Discipline from any recognized University;

ii) Bachelor of Physical Education (B. P. Ed) from any recognized University, and

iii) should have studied particular regional language (Tamil/Malayalam) as one of the subjects in the Secondary level.”

iii. Since all the applicants are fully qualified and well suitable for the posts, in response to the said notification, they submitted their applications under both notifications and participated in the selection process. After selection process was completed on 07.12.2015, the Director, Directorate of School Education, Government of Puducherry had published two separate provisional selection lists Notification No. 36518/DSE/Estt.III/C/2014/(A) dt. 07.12.2015 in respect of 22 posts and Notification No. 36518/DSE/Estt.III/C/2014/(B) dt. 07.12.2015 in respect of 30 posts for the post of Physical Education Teacher (PET). In the said both provisional selection lists only 7 candidates viz., Thennagathamizhan, P. Maheswary, V. Tharanidaran, Sudandiram, M. Vinothini, M. Murugaraj and R. Sendhil have been selected under both notifications. Further, the provisionally selected candidates under notification dt. 31.12.2014 for the 22 posts were requested to appear for certificate verification on 18.12.2015 and those under the notification dt. 31.12.2014 for the 30 posts were requested to appear for certificate verification on 21.12.2015. Thereafter,