No enforceable right to appointment from e-dossier shortlisting or expired select/waiting panel; vacancies post-expiry cannot be filled from panel despite merit above initial cut-off but below final nominations.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):-

By filing the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following reliefs:-

"I. To call for the record; & thereafter, to admit the instant O.A. in favour of the Applicant & against the Respondents arraigned herein.

II. To allow the O.A. after hearing the Respondents if they wish to be heard & to thereafter, to direct the Respondents to fill up the entire posts of the Economic Weaker Section (the EWS) category in the case of TGT Hindi Male (Post Code 34/21) of Appointment Notice No. 2/21 dated 12.05.2021 (Annexure A-1) wherein against the advertised posts of 26 seats the Respondents have filled up only 18 posts so far & have kept 8 seats unfilled & thereafter, to direct the Respondents to appoint the Applicant to the post of the TGT Hindi Male (Post Code 34/21) based on his position in their “Select List”.

III. To award the cost of the present proceedings to the Applicant. IV. To pass any other & further order/s which this Hon’ble Tribunal may deem to be fit & proper in facts & circumstances of the case."

FACTS OF THE CASE

2. As stated by the applicant, the respondents issued Advertisement Notice No. 02/2021 dated 12.05.2021 for recruitment to various posts including TGT (Hindi) Male. The applicant, belonging to the Unreserved category but eligible under the EWS category, applied for the said post and participated in the selection process. The applicant appeared in the written examination and secured 101.52 marks, which was higher than the minimum qualifying marks of 81.82 prescribed for inclusion in the select list. Certain disputes arose regarding the recruitment process and a batch of Original Applications was filed before the Tribunal. The Tribunal, vide order dated 19.10.2022 in O.A. No. 2473/2022 and connected matters, directed the respondents to complete the appointment process of all meritorious candidates within one year from the date of publication of the result.

2.1 As the respondents allegedly failed to comply with the said order, the applicant along with other candidates filed Contempt Petition No. 734/2023 before the Tribunal. Subsequently, a dispute arose regarding the eligibility of candidates who had obtained EWS certificates after the cut-off date (04.07.2021). The respondents constituted a High Powered Committee on 04.05.2023 to examine the issue. The Committee, in its report dated 05.02.2024, recommended that candidates who had not obtained their EWS certificates by the cut-off date should not be considered for appointment and those already appointed should be removed from service. Acting on the said report, the respondents removed five candidates appointed under the EWS category to the post of TGT (Hindi) Male and the resultant vacancies were added back to the EWS quota.

2.2 According to the applicant, despite the availability of these vacancies and his securing higher marks in the examination, the respondents failed to consider him for appointment. Aggrieved by the non-appointment despite being allegedly meritorious and eligible, the applicant has approached this Tribunal seeking appropriate directions for appointment against the available vacancies.

3. Pursuant to notice issued by this Tribunal, the respondents have filed reply opposing the claim of the applicant. In response thereto, the app