Reserve panel validity reckoned from last appointment date when operated in phases; arbitrary selective operation post-alleged expiry mandates one-time extension for higher-merit reserved category candidates where vacancies persist.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

Highlighting the facts of the case, learned counsel for the applicant drew our attention to the record of proceedings dated 22.05.2023, relevant portion of which reads as under:

“The applicant is aggrieved that he has been denied appointment to the post of Public Prosecutor despite his name figuring in the reserve panel of selected candidates for the said post.

Brief facts of the case as narrated to us by the learned counsel for the applicant are that pursuant to the vacancy notification in the year 2013 for 85 posts of Public Prosecutor in the Central Bureau of Investigation (CBI), the applicant appeared in the selection process. He was successful in the written examination and thereafter, was invited for personal interview in February 2014. The result of the said selection process was finalised in the year 2015 and 84 candidates as against 85 notified vacancies were recommended for appointment.

In addition to the merit list of 84 candidates, a reserve list was also drawn which contained the name of 41 candidates. The applicant’s name figured at Sl. No. 17 of the said reserve list.

The grievance of the applicant is that despite adequate number of posts available, especially in the category of OBC to which the applicant belongs, the said reserve list has not been given effect to and the UPSC had held that the reserve panel has since expired.

The applicant agitates that grievance in the present OA seeking the following reliefs :

a. To call for the records of the instant case;

b. Allow the instant O.A. and direct the respondents to release the names of the remaining 04 candidates as per the original proposal bearing names of 19 candidates and accordingly grant appointment to the applicant whose name is placed at s.no. 17 in the reserve list.

c. To direct the respondents, apropos the appointment of the applicant herein, to grant seniority to the applicant vis-a vis the other 15 candidates who joined subsequent to release of their names from the reserve list;

d. Or, Alternatively, this Hon’ble Tribunal may dispose off this instant O.A. by directing the respondents to consider the claim of the applicant in lines with the Judgment of the Hon’ble Supreme court in the matter of Manoj manu vs Union of India (CA 6707/2013 arising out of SLP 26967/2011);

e. Award costs in applicant’s favour.

f. Any other relief or order which this Hon’ble Tribunal considers appropriate in applicant’s favour, in the favts and circumstances of this case.

Learned counsel argues that in terms of the guidelines quoted in para 5 of the counter reply filed by the UPSC, the validity of the reserve list is normally upto 18 months which could be extended upto 2 years in certain exceptional cases. The relevant guidelines as contained in para 5 of the counter reply are reproduced below :

5. That the guidelines regarding operation of Reserve List are as follows :

(i) Reserve List will be operated up to 18 months from the date of finalization of the Interview Board Report under normal circumstances.

(ii) In exceptional cases, it could be extended up to 2 years. (Among other reasons, some of the ground for such extension could be where the candidate joins but resigns or dies within or after one year of his joining). Copies of circular Nos. F.08/25/2002-R(C&P) dated 3rd May, 2006 in this regard are annexed as {(Annexure R-1/5 (Colly)}.

He further draws attention to the averments made in the counter reply which indicates that the reserve list was recast on 17.07.2025. He goes on to argue tha