Civil Procedure Code (CPC)

Right to appointment for waiting list candidate.


Respected Sir, I have applied for the recruitment process initiated by an authority under the control of Government of Maharashtra. I have undergone through all process of examination and based on merit, secure a place in waiting list under OBC category at Sr no -01. In due time, respective authority has issued appointment letters to all selected candidate, but some of candidate have not accepted the appointment letter and they have not joined in stipulated time. In continuation to this, I have requested the concern authority to consider my claim for the said vacancies arise due to non-joining of some of candidate from OBC category, since I am at Sr no -01 in OBC waiting list and waiting list is still valid to consider, But concerning authority denied the legitimate claim. I request you to please provide a legal advice about right of wait list candidate for appointment in vacant place due non joining of selected candidate, in spite of appointment letter being issued to him. Under article 16(1) - Right to appointment, article 14- right to equality of Constitution of India, can waiting list candidate have right on vacant post due to non-joining of selected candidate? Thanking You.
 
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Advocate

It seems that you were in waiting list under OBC category so the procedure will be followed only in case of vacancy falling in OBS category. The candidate under waiting list has as such no right to force the authority to appoint him.  

 
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