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malcolm xavier (private)     25 May 2013

Guahati high court waiting list

I appeared for Junior Administrative assistant (JAA) exam under guahati high court (kohima bench) and was Placed in the waiting list no.1. alltogether 6 candidates were selected for the job and 6 candidates were placed in the waiting list. and all 6 selected candidates joined the job. however 1 year and 13 days  later one of the selected candidates got  through state service commisson exam (3 days ago) and he is willing to take the higher grade job and resign his post. (JAA) and therefore there will be one vacancy for the said post. so there will be one vacancy of JAA at guahati high court kohima bench. I have writen an application to claim the job and is under process since 2 days ago.
However one of the assistants at the registrar office said the validity of the waiting period is Just 1 year and that i may not be eligible, I ask him if he has the high court service recruitment rules he said he doesn't have it and he can't confirm where he got that information.

well i would like to clarify some facts and informations :

Some states service commission has a rule of 6 months waiting list validity and most have about 1 year waiting list period validity and some recruitment board doesn't specify the time duration but that within reasonable period of time which maybe reviewed from time to time and within the limit of the advertised vacancy for which the waiting list was created.

I have tried to search for the information about which recruitment rules/waiting list rules  does the guahati high court follows but could'nt get any info so far. if there is arecruitment rule specifically for Guahati high court and also if there is anything mention about the validy of the waiting list for job recruitment or any info that will help me?

Please tell me about my chances about nailing the job here quoting relevant facts and rules

I would very much appreciate your expert opinions, thanking you :)



 5 Replies

Adv k . mahesh (advocate)     25 May 2013

for the rules and regulations for guahati high court you should have obtained from the registrar officce only 

and for evrey notification they will mention but here a vacant position was established byone person resignation 

if they want to fill the vacant position then they can take the 7 person who comes after 6 person waiting list for this also they has to give a notification and pass such order if not

then they should give a fresh notification for a fresh recruitment process 

1 Like

Sudhir Kumar, Advocate (Advocate)     25 May 2013

waiting list can be valid for one years only.


further by the resignation of this person is a fresh vaccancy of the current year and cannot be filled (even if thewaiting list has not expired) by and examination of previous year. He has used the vacancy for which he was selecte3d.  You claim could have been valid if he had not even joined.

malcolm xavier (private)     25 May 2013

Thank you for the info K.Mahesh. I am the 1st on the waiting list and the 7th on the merit list for the 6th post. And so incase i get the job. Then case is closed. However if i don't get the job. What rights do i have to claim the job? Note. No rules on waiting list found on high court service rules? and after LDA was redesignated as JAA in 2006. Fresh recruitment 4 JAA was advertised only in 2011 -2012. Very rare recruitment drive. Your esteem feedbacks will be appreciated :)

malcolm xavier (private)     25 May 2013

Dear Sudhir Kumar thanks for ur feedbacks,

However one cannot generalised that waiting list can be valid for a period of one year only.

The rules are different from State to State, Like for NPSC the waiting list is Valid only for 6 months , while some other state service comissions have a waiting list valid for one year and some recruitment board does'nt have specific time frame.

and the guahati high court does not specify waiting list validity time frame.

and thank you Sudhir Kumar while searching online for the answers to justify my position i also found some valuable judgement/comments by the courts. here is one.

"provides for allotment from reserved list for the vacancy in the place of those who have not joined duty, it cannot be strictly interpreted so as to exclude resultant vacancies caused due to candidates joined and subsequently leave or resign."

"The question relating to right of a candidate to claim appointment out of waiting list fell for consideration before Supreme Court and other Courts from time to time. In Gujarat State Dy. Xen Association  Vs  State of Gujarat (1994 SCC (L&S) 1159 :: CDJ 1994 SC 569 :: 1994 (3) JT 559), the Supreme Court held as follows :- 8. .............. A candidate in the waiting list in the order of merit has a right to claim that he may be appointed if one or the other selected candidate does not join. But once the selected candidates join and no vacancy arises due to resignation, etc., or for any other reason within the period the list is to operate under the rules or within reasonable period where no specific period is provided then candidate from the waiting list has no right to claim appointment to any future vacancy which may arise unless the selection was held for it. He has no vested right except to the limited extent, indicated above, or when the appointing authority acts arbitrarily and makes appointment from the waiting list by picking and choosing for extraneous reasons."

"Therefore, it will be evident that the persons, whose names are appearing in the waiting list, though may not have any vested right to be appointed, but have a limited right to claim appointment against the post, which were advertised pursuant to which waiting list prepared and in case of non-joining of candidates or such advertised post falls vacant because of other circumstances like death or resignation."

"It is not in dispute that the reserved list (waiting list) is prepared and acted upon in case of non-joining of selected candidates or who join duty but leave subsequently or if the provisional selection of selected candidates is cancelled for any reason."



malcolm xavier (private)     03 June 2013

Hi everyone, based on the above, Please tell me whether I have any chance of getting the Job? or if I don't get the Job, what are my chances of a succesful court case?

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