Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules 2012 Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012 – r.16(5) – Selection process for recruitment of teachers – Appellant participated in the selection process and was placed at 34th position – Respondents declared that the candidates upto serial no. 33 (notified vacanices) in the merit list are selected in the available vacancies and accordingly invited the 33 candidates to appear for counselling – One candidate did not turn up for counselling – Consequently, one post in general category remained unfilled due to non-participation of the said candidate – Appellant sought consideration of his candidature which was declined – Tribunal allowed O.A. filed by appellant which decision was reversed by High Court – Hence instant appeal – Held: As per sub-rule (5) of r.16, the number of candidates selected shall not be more than the number of vacancies notified – It also specifically provides that there shall be no waiting list and posts, if any, unfilled for any reason whatsoever, shall be carried forward for future recruitment – The final selection list of 33 candidates was prepared. Thereafter all the selected candidates were called for counselling, but one of the candidates did not report for counselling – Therefore, said event took place after the final selection list was prepared and published – As there was no requirement of preparation of a waiting list, the appellant claiming to be the next in the merit cannot claim any appointment as his name neither figured in the list of the selected candidates nor in any waiting list as there was no provision at all for preparation of the waiting list – Sub-rule(5) of r.16 is very clear – Therefore, the post remained unfilled and that post has to be carried forward for the next recruitment – High Court was correct in reversing the order of Tribunal. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 443 |
Petitioner | Vallampati Sathish Babu |
Respondent | The State Of Andhra Pradesh & Ors. |
SCR | [2022] 2 S.C.R. 1080 |
Judgement Date | 2022-04-19 |
Case Number | 2473 |
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