A candidate on a waiting list has no indefeasible right to appointment; fresh vacancies must be filled through a new selection process.

JUDGMENT :

C. HARI SHANKAR, J.

1. The issue for consideration before us, in the present Letters Patent Appeal preferred against judgment dated 5 April 2024 passed by a learned Single Judge of this Court, is whether the appellant, who is a Scheduled Caste [“SC” hereinafter] candidate, was entitled to permanent appointment as Assistant Professor in the Kalindi College [“the College” hereinafter] University of Delhi [“the University” hereinafter]. The learned Single Judge has held that he was not so entitled. The appellant is now before us.

Facts

2. The appellant served as ad hoc Assistant Professor with the College from 21 July 2017 to 29 October 2023. During that period, the College released an advertisement on 10 December 2022, inviting applications from candidates seeking permanent appointment as Assistant Professor. The appellant applied, and was interviewed on 27 October 2023, for the post of Assistant Professor in Geography. Two SC seats were advertised. The results were announced on 30 October 2023. Ms Usha Rani and Mr Jitendra Rishideo were selected. The appellant was the first candidate in the waiting list.

3. Within a week of her recommendation, Usha Rani joined Shivaji College as Assistant Professor (Geography). The seat against which she had selected was thereby rendered vacant.

4. The appellant stakes his claim for the said seat.

5. To sustain his claim, the appellant places reliance on Office Memorandum [“OM” hereinafter] dated 13 June 2000 issued by the Department of Personnel & Training [“DOPT” hereinafter] which reads as under:

“North Block, New Delhi

Dated 13 June, 2000

OFFICE MEMORANDUM

Sub: Operation of reserve panels 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 alternative method of recruitment to fill up the vacancy thereafter.

2. The Fifth Central Pay Commission, in para 17.11 of its Report, has recommended that with a view to reduces 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 it has been decided that in future, where a selection has been made through UPSC , a request for nomination from the reserve list, if any, may be made to the UPSC in the event of occurrence of a vacancy caused by non- joining of the candidate within the stipulated time allowed for joining the post or where a candidate joins but he resigns or dies within a period of one year from the date of his joining, if a fresh panel is not available by then. Such a vacancy should not be treated as fresh vacancy.

3. It has also been decided that where selections for