Seeking Information regarding Reservation Roaster
yogesh
(Querist) 06 June 2009
This query is : Resolved
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?
Raj Kumar Makkad
(Expert) 06 November 2009
The action of employer is illegal as the candidate placed second in the waiting list in the same category was entitled to be given the chance to fill the vacated seat though some person may also interpret it as the same had became vacant subsequently and there was no use of retaining waiting list when all the vacancies arose had been fulfilled but despite of it waiting list is valid for 1 year and if any vacancy arises, the seat should be filled through waiting list.
