I f an Individual "D"appears for Interview/Personal assessment against the two vacancies and was placed 4th (2nd in waiting list) by the selection committee of an organization
As per the rules of an organization the waiting list would be valid for 1 year.The result was displayed as
A 1st - Selected
B- 2nd- Selected
C- 3rd- Waiting List
D- 4th -Waiting List
A, B joined the Organization & C,D were placed in Waiting List
Suddenly (with in 1 month) one seat was created by the discontinuation of services of employee name X as result C was offered seat against the vacant seat as result D remains the only candidate among the wait listed candidate
After 6 months of joining the A who was placed 1st in List resigned from the post but the vacant seat was not offered to D who was the only wait listed candidate
Please inform on the following by giving your valuable views
1 Whether such candidate can approach to Hon'ble court for relief?
2 Whether his/her claim is maintainable?
3 Is there is any other possibility why the organisation has denied the offer to individual D due to any discripency?
Dear Yogesh,
In my opinion as per the terms of employment it was clear that the list is valid for 1 year. Hence, he can file a case before the tribunal or court as the case may be and his claim can be entertained. Further, denial of an employment to 'D' may be the discretionary power of the organization but in place of 'D', if any new person is appointed then the said action of overlooking the candidature of 'D' in terms of employment / rules which is valid for 1 year can always be challenged and an appropriate relief can be sought from the competent court of law.
regards.
