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Biswajit   12 September 2020

Reserve list/waiting list seniority

Sir, I am selected  in central services group A through UPSC selection. I was recommended through Reserve list (waiting list).

I am UR( general unreserved candidate) . My marks/ merit is far better than category (SC, ST, of many OBC) candidates of initial /main list.

My Rank given by UPSC in the exam also better than the above said category candidates, like my rank 125 and the last ST candidate's rank 340.

So , When my seniority will be determined than I will be placed as per my merit and Rank in the selection or because if waiting list / reserve list my  seniority will be determined at lower position.

I came to know that there is right to get opportunity in  selection time by principle of  reservation (SC,ST,OBC) but  reservation criteria does not  get  opportunity to a particular cadre/grade/service  in seniority . For seniority,in the Examination will be considered. 

Please give your valuable suggestions on seniority of reserve list/waiting list candidates.


 9 Replies

mohan   19 September 2020

Yes , seniority will be determined strictly on merit / marks for a batch selection of all the candidates including reserve list/waiting list . No reservation criteria is ther , you may refer to DOPT guidelines already available there in different discussion in the lawyers club forum.

Sudhir Kumar, Advocate (Advocate)     20 September 2020

how many threads you have started on the same issue.

mohan   23 October 2020

Important information on overall process of recruitment, in general, followed by recruiting agencies/UPSC: 

What is the overall process of recruitment by recruiting agencies/UPSC?

Following steps are followed for recruitment –

(1) Examination (written test & Interview)
(2) Merit List
(3) Selection
(4) Recommendation.

(1) What is Examination?

Commission conducts Examination through written test and interview. Sometimes through interview only.

(2) What is Merit list?

After personality test, candidates will be arranged in the order of merit as determined by the aggregate marks finally awarded to each candidate.  This is termed as "Merit list".

(3) What is selection? 

After merit list was prepared, commission recommends the candidates with respect to numbers of unreserved vacancies (UR) purely on Merit basis i.e in order of aggregate marks. 
For filling up the above said unreserved vacancies (UR), commission recommends all categories candidates, General, SC, ST, and OBC purely on Merit/marks basis, without any relaxation.

After that,  commission recommends the  reserve categories belongs to  SC ,ST and OBC candidates  against numbers of  reserve vacancies by relaxing general qualifying standard.

Please note, the reserve categories candidates, belongs to SC,ST, OBC,  who are are not avail any relaxation,  had scored general qualifying marks will not be recommended against vacancies advertised for reservation of SC, ST, OBC.

Further, commission maintains a reserve list/waiting list of candidates which will include candidates from general and reserved categories ranking in order of merit below the last recommended candidate under each category.

(4) What is recommendation?  

Commission recommends the candidates against the number of vacancies category wise (through main list) and then from reserve list against the non joining candidates of the respective categories.

(5) Is Selection and recommendation having same meaning? 

Ans : No. 
Because all the candidates selected in selection process will not be recommended. As example, few candidates of Reserve panel will not be recommended when no more vacancies, due to non- joining, are created latter on.

(6) All the selected candidates will be recommended or not?

Ans :  No. 
Few candidates  selected and were placed reserve list will not be recommended if no more vacancies due to non-joining of main list latter created. 

(7) Is Main list earlier selection and Reserve list is latter selection?

Ans : No. 
Reserve list/Waiting list got already selected with Main list. But reserve list was not published out to public at that time. It is operated on receipt of formal request from department/Ministry. Hence, all the candidates of main list and reserve list are from same selection. 

(8) How seniority is fixed of all the recommended candidates?

Seniority will be determined in order of merit in a selection i.e in order of aggregate marks.

(9) Can Waiting list candidates get better seniority than main list?

The candidates of reserve list who were selected without any relaxation, having higher marks than main list reserve categories belongs to SC ST OBC, will be placed higher in seniority  as per their merit position in Merit list initially drawn by commission. Hence, seniority list of all the candidates including reserve list/ waiting list will be prepared on order of marks.

(10) Is seniority of a candidate dependent on order of recommendation by commission?

Ans. No.
Recommendation of candidates in a selection dependent on various factors, like vacancies of a category, antecedent issue, even some time court cases against a candidate, court case to a category/categories (UR SC ST OBC). Only Merit/ Marks are yardstick of seniority of the candidates in a particular selection.

Ashish Sharma (Govt servent)     22 October 2021

Respected Sir, please send to me relevant documents to my email address  sharma59084@gmail.com , related to seniorty matters, who candidates selected in waiting/reserve list, Sir I will be very grateful for your help.

mohan   27 August 2022

Seniority of 1st List and Waiting List.

(1) Question : They were not Born how they can get Seniority at that time ?

Ans : Born means in which respect?? Date of advertisement or date of examination or date of appointment after fullfil ment of all criteria of the overall selection procedure for the vacancy advertised  or date of joining ?
Date of joining is not considered for seniority  of Directly recruited candidates for the batch of a particular vacancy advertised by UPSC as per Dopt OMs .
Vacancy is filled from the reserve panel( Waiting list) recommended by the UPSC against the same recruitment notification shall not be treated as a fresh vacancy and belongs to the same batch of recruited candidates. ( As per DoPT OM DOP&T’S OM 41019/18/97 - Estt. (B), dated 13 June 2000).
Joining of candidates depends on various formalities , antecedent verification , medical etc. For direct recruitment,  Merit of the candidates in the examination / particular batch  is only criteria of seniority.
Candidate cannot be faulted for his delayed appointment as it was for reasons beyond his control or for that matter beyond the control of any of the Respondents herein.The list of selected candidates from main list  was only provisional and not the  final list of appointment for the particular vacancy advertised and  not the final list  of overall selection process,  and their selection was subject to the conditions laid down .  Hence, if any candidate did not fulfill any condition mentioned therein viz., if the person’s selection did not withstand Police verification, medical fitness and verification of all required documents by the respondents would be cancelled. 
Hence, in a overall selection process, a candidate placed in Main list but failed in further selection criteria like medical , antacedent may be considered that he was ultimately not got selected, failed , not fit, and never filled the vacancy raised by that advertisement.Further, Non willingness of  candidates  after  qualifying the UPSC exam by Main panel /1st list and non willingness to take part in the examination of  antacedent, medical verification  may be considered failed in the overall selection process  and he was ultimately not got selected, failed in selection , not fit, and never filled the vacancy raised by that advertisement .
Petitioner was qualified the exam and was also available along with the main list candidates . Petitioner Infact a victim of the circumstances that arose at the relevant time / victim of circumstances of  overall process of final selection and appointment when he qualified in the examination.

  ( Ref.  By the way,  date of joining was not considered by respondents for the prepared seniority list by them , see date of joining of all candidates and their Seniority)

(2) Questions : Selection of reserve panel was not  1st attempt and reserve panel (waiting list)selection is second attempt  :

And : All candidates are from same attempt of the examination and interview.
Candidates selected by reserve panel cannot be considered by fresh vacancy or carry forward vacancy as per Dopt OM. They are selected in the original vacancy in place of non joining/ non interested main panel candidates or candidates who are not qualified in verification stage like medical and police antecedent verification.
Hence, 1st attempt or 2nt attempt logic is a wrong depiction for the Direct recruitment candidates in a batch/ same examination.
If any court orders with respect to above terms is existing, that is for case specific situation but not universal. 

Biswajit   08 December 2022

Honorable CAT, Principal Bench, New Delhi to the O.A. No.1776/2020, Petition filed by Pallavi Gupta.

Honorable CAT, Principal Bench, New Delhi to the OA No. 130 of 2020, Petition filed by Sunil Rathee.

Both the orders of Honable CAT instructed the Ministry of Civil Aviation to revise seniority list and fix the seniority of all the candidates irrspective of Main list and Waiting list/reserve panel as per Marks secured in the selection/examination.

Attached File : 553359 20221208121554 pallavi.pdf downloaded: 2 times

mohan   08 December 2022

Honorable CAT, Principal Bench, New Delhi to the  O.A./1715/201708/05/2017, filed by KRISHNA MURARI. instructed ESIC  to revise seniority list and fix the seniority of all the candidates irrspective of Main list and Waiting list/reserve panel as per Marks secured in the selection/examination.

Biswajit   21 December 2022

Honorable CAT, Bangalore  Bench, O.A./698/2019 case filed by  RAMIREDDY GANGIREDDY  and  O.A./920/2019, Case filed by Kiran B. 

Both instructed the ESIC to revise seniority list and fix the seniority of all the candidates irrspective of Main list ,  Waiting list/reserve panel , date of joining as per Marks secured in the selection/examination.

Sudhir Kumar, Advocate (Advocate)     22 December 2022

OA O.A./1715/2017  is based on an earlier decided case in O.A./130/2020 which seems identical in this case. Other two cases  of Bangalore Bench quoted by you also express similar stand. What you had been waiting for so far.

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