Reservation Roaster

will tell you later

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" On the basis of above, I seek the opinion if an individual/applicant who was placed in the waitlisted candidate under Unreserved category. Can Recruitment body transfer the resultant "vacancy" of any individual (who was appointed under Unreserved category) to the Resereved category Regards
 
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Government Service

Dear Yogesh,

first of all it is not clear that you are talking about "POST" and "VACANCY" in recruitment examination or in a case where the concerned person is appointed in the government service.

 

if you are asking about "POST" and "VACANCY" in promotional matter and the concerned office has kept him in waitlist candidate for promotion against unreserved category, then your employer is right. when the vacany in that particular post will be available to the employer you will be promoted to that post. no candidate can be promoted to reserved vacancy post.

 

if you want any specific clarification then write with details.

 
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will tell you later

First of all thanks for posting your precious opinion

My query pertains to the selection of the post

I Summarise 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 placed in  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

 
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will tell you later

 

  1. First of all thanks for giving your valuable opinion
  2. I Summarise 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?
 
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Government Service

Dear Yogesh,

now i understand the whole things. first off all if the emplyer advertised two posts against unreserved category then he must have to fill those two post by unreserved candidates only. he has no other option. now consider two things:-

 

1. how the selection has been made for two post.

2. before advertising the post it was clear that the management has two posts.

3. so resignation of one employee is another things, first off all what happens to those two seats that where advertised.

4. if you take another one vacancy in this part, then the total unreserved vacancy goes to three.

5. employer can't transfer any unreserved post to reserved one and vice-versa.

6. yes it is possible in one stage only if the reservation policy of the state has been changed.

7. but it can't hamper the spirit of the earlier appointment.

8. employer can't put reservation with perspective dates.

anything more to ask yogesh.

 
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Faculty

No. The Recruitment body  is not supposed to transfer the resultant "vacancy" of any individual (who was appointed under Unreserved category) to the Resereved category Regards, which is the violation of Art 16  & Art 335.

 
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