Candidates cannot claim a right for a reserve list unless it is mandated by specific rules or advertisement.

ORDER

Hon’ble Mr. Manish Garg, Member (J)

By way of the present O.A. the applicants have prayed for the following reliefs:-

"a) Allow this application and direct the respondent no. 1 to declare the marks of the Applicants herein and publish the reserve list as per merit accordingly;

b) Direct the respondents consider the candidature of the herein Applicants for appointment to the post of Examiner of Trade Marks and Geographical Indications, as per law, subject to them being found on reserve list so declared by respondent no. 1 in order of merit against the vacancies which have already arisen in the Trademark and Geographical Indications Registry.

c) Pass such other order/direction (s) which this Hon'ble Court may deem fit, proper and necessary in the interest of justice."

2. Highlighting the facts of the present case, learned counsel for the applicants submitted that an Advertisement No. 15/2019 was issued by the respondents, whereby 65 vacancies for the post of Examiner of Trade Marks and Geographical Indications were issued. The result of the aforesaid advertisement was declared on 14.05.2020. Out of 232 candidates the respondents recommended 62 candidates for the aforesaid posts. Two vacancies were left vacant due to reason of non-availability of suitable candidates and also the result of one seat was put in a sealed cover pursuant to the interim order of Mumbai Bench of this Tribunal for keeping the result in sealed cover, subject to the outcome of OA. Nos. 786/2019, 789/2019, 790/2019, 791/2019, 793/2019.

2.1 Learned counsel submitted that it is the case of the applicants that the reserve result was not published or declared by the respondents. Hence, the present O.A. has been filed by the applicants seeking aforementioned reliefs.

2.2 Learned counsel for the applicants relied upon the O.M. dated 13.06.2000 issued by the Govt. of India, M/o PPG and Pensions, DoP&T, which reads as under:-

“Sub: Operation of reserve panel is prepared on the basis of selections made by UPSC, Staff Selection Commission, other recruiting agencies and where selections are made by Ministries/Department etc. – acceptance of recommendations of Fifth Central Pay Commission – regarding.

The undersigned is directed to invite attention to this Department’s Office Memorandum quoted in the margin and to say that In terms of these Office Memorandum, it was informed that the Union Public Service Commission, wherever possible, maintains a reserve panel of candidates found suitable on the basis of selections made by them for appointment on direct recruitment, transfer on deputation, transfer basis and the reserve panel is operated by the UPSC on a request received from the Ministry / Department concerned when the candidate recommended by the UPSC either does not join, thereby causing a replacement vacancy or he joins but resigns or dies within six months of his joining. Ministries/Departments were advised that whenever such a contingency arises, they should first approach the UPSC for nomination of a candidate from the reserve panel, if any. The recruitment process be treated as completed only after hearing from the UPSC and the Ministry/Department concerned may resort to any thereafter.

2. The Fifth Central Pay Commission, in para 17.11 of its Report, has recommended that with a view to reduce delay in filling up of the posts, vacancies resulting from resignation or death of an incumbent within one year of his appointment should be filled immediately by the candidate from the reserve panel , if a fresh panel is not available by then. Such a vacancy should not be treated as a fresh vacancy. This recommendation has been examined in consultation with the UPSC and