Mere inclusion in a wait list does not confer an indefeasible right to appointment, especially after the expiry of the stipulated validity period of the panel, and such a list cannot be used as a perennial source to fill future vacancies.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

M.A. No.3269/2021 (Joining Together) is allowed and the applicants are permitted to pursue the OA jointly.

O.A. No. 2639/2021

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants seek the following reliefs:-

“i) set aside the impugned Result Notice No. 1012 dated 28.01.2020 issued by the Delhi Subordinate Services Selection Board (DSSSB), the respondent No.1 herein, to the extent it provides that the wait list panel shall be valid up to 27.01.2021;

(ii) declare that the candidate who has joined (as welder) is unqualified, i.e. does not fulfill the requisite essential qualifications, for appointment on the post of Craft Instructor Welder (Gas & Electric) (Post Code: 99/14) in the Department of Training & Technical Education, Govt. of NCT of Delhi, and, accordingly set aside his/her appointment letter/strength order dated 28.01.2021;

(iii) direct the respondents to fill all the unfilled vacancies, out of total 07 vacancies, for the post of Craft Instructor Welder (Gas & Electric) (Post Code: 99/14) in the Directorate of Training & Technical Education, Govt. of NCT of Delhi as advertised by the Delhi Subordinate Services Selection Board (DSSSB) vide Notice/Advertisement No. 01/14 dated Nil;

(iv) direct the Respondent No.I i.e. Delhi Subordinate Services Selection Board (DSSSB) to provisionally select the applicants and consider the candidature of the applicants herein and thereafter appoint the applicant on the post of Craft Instructor Welder (Gas & Electric) (Post Code: 99/14) in the Department of Training & Technical Education, Govt. of NCT of Delhi with all the consequential benefits (monetary as well as non- monetary) thereof including seniority, full back wages/salary, etc.;

(v) cancel the candidature of the provisionally selected candidates by DSSSB having Roll No. 4100000206, 4100000106, 4100000282, 4100000040 and 4100000342 as they do not possess the requisite/essential qualification required for the post;

(vi) allow the present application with cost m favor of the applicant; and

(vii) issue any other order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the favor of the applicants.”

2. The present matter pertains to the appointment to the post of Craft Instructor Welder (Gas & Electric) under the Directorate of Training and Technical Education.

2.1 At the outset, learned counsel for the applicants submits that the grievance in the present Original Application relates to non-consideration of the applicants for appointment despite their inclusion in the select/wait list. It is submitted that Applicant No. 1 belongs to the OBC category (placed at Serial No. 1 in the wait list), whereas Applicant No. 2 is a UR candidate (placed at Serial No. 5 in the wait list).

2.2 It is not in dispute that the result for the post of Craft Instructor Welder (Gas & Electric) was issued on 28.01.2020 vide Result Notice No. 1012, wherein it was declared that the select panel/waiting list in respect of UR/OBC categories shall remain valid up to 27.01.2021. It is also not in dispute that a supplementary result was declared on 16.03.2020, wherein the validity of the panel/wait list was again clearly stipulated to remain in force up to 27.01.2021. Learned counsel emphasizes that, both in the main result as well as in the supplementary result, the same validity period was prescribed.

2.3 Learned counsel for the applicants further draws attention to the fact that certain selected candidates did not join, and their candidature was cancelled on 02.03.2021. It is argued that vacancies thus arose due to non-joining of selected candidates