Document Fragment View
Fragment Information
Showing contexts for: selection process completed in Pradip Kumar Kedia (Ca) vs Union Of India on 31 July, 2008Matching Fragments
21. On the basis of the ASGs above said opinion, DLA sent on 10.1.2008 a proposal to ACC to operate the wait list for filling up the available vacancies. As on that date one vacancy of AM was requested to be filled up from the wait list and Shri P. Kedias (one of the Applicants) name was submitted to ACC after the approval of the proposal by Minister of Law and Justice.
22. The Learned Counsel for the Applicants argued that the Respondent Government was duty bound to fill up all vacancies advertised and selection process completed. Shri Behera, relied on the orders of the Division Bench of Honble Supreme Court in the Civil Appeals Nos. 4561-62 of 1992 between State of Bihar and another versus Madan Mohan Singh and Others decided on 13.10.1993.
34. Having concluded that the Panel is valid and can be operated, we come to the issue of filling up the vacancies presently available from the advertised number of vacant posts, from the wait listed selected candidates. It is a settled legal position that there is no vested right on the part of any selected candidate whether he is in the main list or wait list. But, once the Panel gets operated, the process of appointment from the combined list (main + wait list) as per the rank/seniority must continue and reach natural and legal conclusion. Respondents have not completed the process fully. We also observe that the Selection Board has given a combined list. For this case such a combined list is contiguous and not separate. The Selection Board has categorically stated The said Appendix also includes a number of wait listed candidates who can be considered for appointment in case any of the candidates included in the main select list are not available or found unsuitable for appointment after antecedent verification etc.. Further, we could not get satisfactory reasons from the Respondents on the question of why the selected wait list candidates are to be ignored. The idea/thought of ignoring such a Panel with no justifiable reasons, will become arbitrary.