Bhattacharjee Vs. Union of India & Ors  INSC 270 (10 March 1997)
RAMASWAMY, G.T. NANAVATI
O R D
E R Delay condoned.
special leave petition has been filed against an order of the Central
Administrative Tribunal, made on July 8, 1996 made in O.A No. 879/93.
the petitioner, having acquired Diploma in Engineering, had applied for and
stood selected as Technician. The vacancies notified were 480. His ranking on
merit is 779. Since he was not appointed to the post, he filed the D.A in the
Tribunal. It was contended that while he was looking for ward to his
appointment in accordance with the selection, instead of making the appointment
the authorities issued notification for fresh recruitment, thus , defeating the
right of the petitioner and others similarly situated. Therefore, direction to
the respondent authorities to appoint him, as per his ranking in the select
list for the year 1989 was sought. stay of fresh recruitment till the said list
got exhausted, was also sought. The Tribunal has dismissed the petition holding
that mere putting a candidate in the select list does not confer on him any
right to appointment. Selection was made only for filling up 480 vacancies;
after the absorption thereof, selection has to be made for the subsequent
vacancies from the open market and,. therefore, directions sought could not be
given. We find that the reasons given . We find that the reasons given by the
Tribunal are well justified. Merely because the petitioner has been put in the
waiting list, he does not get any vested right to an appointment. It is not his
case that any one below his ranking in the waiting list has been appointed
which could give him cause for grievance. Thus, he cannot seek any direction
for his appointment.
subsequent vacancies, every one in the open market is entitled to apply for
consideration of his/her claim on merit in accordance with law and it would be
consistent with the provisions of Articles 14 and 16(1) of the Constitution.
direction sought for not to fill up the vacancies having arisen subsequently
until the candidates in the waiting list are exhausted, cannot be granted. The
Tribunal rightly refused to grant any such direction.
special leave petition is accordingly dismissed.
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