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mohan   27 August 2022

Seniority of reserve panel/waiting list candidates

Seniority of 1st List and Waiting List.

(1) Question : They / reserve panel candidates 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. 



Learning

 9 Replies

Biswajit   28 August 2022

Excellent draft ang Gist of Honourable CAT and HC  orders.


Attached File : 553359 20220828102238 hc sikkim.pdf downloaded: 16 times
1 Like

mohan   28 August 2022

Similar order of Honourable HC , Madras also there. See the attached file.


Attached File : 423379 20220828104253 swarnam j natarajan vs the high court of judicature at on 28 november 2014.pdf downloaded: 15 times

Biswajit   28 August 2022

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/ candidates was qualified the exam and was also available along with the main list candidates . Petitioner/candidates 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.

mohan   28 August 2022

The list of selected candidates from main list/1st 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. 

 

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=225721&offset=1

Biswajit   28 August 2022

Thus, the principle of law discernible from all the aforesaid decisions of this Court is that the
roster system is only for the purpose of ensuring that the quantum of reservation is reflected in the
recruitment process. It has nothing to do with the inter−se seniority among those recruited. To put
it in other words, the roster points do not determine the seniority of the appointees who gain
simultaneous appointments; that is to say, those who are appointed collectively on the same date or
are deemed to be appointed on the same date, irrespective when they joined their posts ( supreme court order)

mohan   28 August 2022

See the supreme court recent order.


Attached File : 423379 20220828220042 manoj parihar vs the state of jammu and kashmir on 27 june 2022.pdf downloaded: 14 times

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 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.

mohan   22 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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