High CourtsDivision Bench(2022) 11 UK CK 0092

Ashish Semwal vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 30 November 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S/B) No. 339 Of 2021

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Judgment

7 paragraphs · 276 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present writ petition to assail the order dated 23.07.2021 passed by the respondents rejecting the petitioner’s claim for appointment to the post of Assistant Professor, Mathematics.

2.

The admitted position is that the petitioner participated in the selection process for the said post. The result of the successful candidates was declared on 08.10.2019. The petitioner did not find a place in the merit-list. Appointment orders were issued to the successful candidates on 12.06.2019. The respondents issued a wait-list of the candidates lower in the merit on 04.06.2020. The petitioner’s name was reflected in the said wait-list. The vacancy arose on account of one of the candidates not joining on 11.08.2021. The respondents did not operate the said wait-list since more than one year has elapsed from the time the appointments were initially made and, even from the time when the wait-list was issued on 04.06.2020.

3.

The reason given by the respondents in the impugned order is that the life of the wait-list panel is one year, which had expired, and consequently, the same could not be operated.

4.

We have heard the learned counsels.

5.

Learned counsel for the petitioner is not in a position to satisfy us as to how the appointment could be offered to the petitioner, when the life of the panel of the wait-listed candidates-in which the petitioner’s name is reflected, had already come to an end on the expiry of one year by the time the vacancy arose on 11.08.2021.

6.

For the aforesaid reasons, we do not find any merit in the present writ petition. The same is, accordingly, dismissed.