Law:

Section:

Civil service-------Appointment---Appellant, in response to advertisement, applied for the relevant post and went through the recruitment process as prescribed under the Recruitment Policy, 2004---Merit list of 56 candidates was prepared and further a waiting list of 14 candidates from amongst the successful candidates was also prepared and appellant was placed at Serial No.10 of the waiting list on basis of seniority---Later on only 47 out of 56 candidates joined and nine seats fell vacant which were filled out of the waiting list---As a result, appellant was moved to Serial No.1 of the waiting list---Subsequently when a post fell vacant due to termination of the officer holding said post, appellant was not considered for said post on the ground that waiting list was valid for 90 days and that after expiry of said period, waiting list had lapsed---Validity---No plausible explanation had been given for fixing 90 days as the life span of the waiting list---Purpose of preparing of waiting list from amongst the successful candidates, was to have a contingency reserve and a pool of successful candidates who could immediately fill vacancies as they arise---Waiting list was also advantageous because the recruitment process could not be initiated for a few posts that fell vacant and as a contingency, the candidates short listed in the waiting list could fill those posts---As vacancy could arise at any time, the contingency plan in the shape of an operational waiting list must also be available as long as the post continued and there could be no time frame or a cut off date for the expiry of the waiting list---Only time, waiting list might lose its utility was when the eligibility criteria to the post in question was altered; or if the post itself was abolished or restructured or reorganized; in that situation the candidates on the waiting list, were no more eligible and fresh recruitment would be called for---Once appellant had been placed on the waiting list, he had developed legitimate expectation to be considered for appointment as soon as vacancy would arise---Denying appointment to appellant on the ground of lapse of waiting list by mere efflux of time, would…

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