Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Appointment/Selection - Advertisement for appointment - Post earmarked for General Category OBC c and SC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Appointment/Selection - Advertisement for appointment - Post earmarked for General Category, OBC and SC - Two of the candidates in the select list, not joining service - Candidates in wait list of selection list seeking appointment on the unfilled posts - Appointment denied on the ground that there existed no provision in statutory rules for preparing select list with waitlist and that one of the posts was reserved for handicapped candidate - Held: The candidates in the waitlist entitled to appointment - Plea that in other districts candidates appointed from waitlist not denied - Reservation for handicapped candidate was de-hors advertisement - Their candidature can be considered as they had made representation within one year from the approval of select list i.e. before the expiry of life of the panel. An advertisement was issued by appellant Department for recruitment of certain posts. The advertisement specified that the posts were earmarked for general category OBC and SC. The Selection -~ Committee prepared the select list. Names of the respondents were placed in the waitlist. Appointment was made in August, 2003. Two of the candidates in the select list, since did not join the service, the respondents made representation in September, 2003, seeking their appointment. The representation was rejected on the ground that there was no provision in the Recruitment Rules for maintaining such wait list. Respondent filed writ petition seeking their appointment Single Judge of High Court allowing the petition directed the authorities to appoint them as per the select list. In intra court appeal, Division Bench of High Court modified the order, directing the authorities to consider to fill up the two unfilled vacancies. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 459 |
Petitioner | Bsnl & Ors. |
Respondent | Abhishek Shukla & Anr. |
SCR | [2009] 5 S.C.R. 544 |
Judgement Date | 2009-04-08 |
Case Number | 2239 |
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