In Absence Of Statutory Provision For Waiting List, Unfilled Vacancies Can't Be Claimed By Next Merit Candidate : Chhattisgarh HC
Live LawA division bench of the Chhattisgarh High Court comprising of Ramesh Sinha, Chief Justice and Justice Ravindra Kumar Agrawal, held that in absence of statutory provision for a waiting list, the unfilled vacancy cannot be claimed by the next candidate in merit, and such vacancies must be carried forward for the future recruitment Background Facts An The appellant participated in the written examination conducted by the Chhattisgarh Professional Examination Board. The single judge dismissed the petition on the ground as there was no provision to prepare waiting list in the relevant recruitment rules governing the appointment, therefore, appellant had no vested right to be appointed. It was held by the court that the appellant could have claimed the appointment to the post which remained unfilled if there was a provision for waiting list as per the statutory provision. Further the Suresh Prasad case was relied upon by the court wherein Supreme Court held that even in case candidates selected for appointment have not joined, in the absence of any statutory rules, the employer is not bound to offer the unfilled vacancy to the candidates next below the absent candidates in the merit list.
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