STATE OF KARNATAKA Vs. BHARATHI S

JUDGEMENT

(1.) This Civil Appeal by the State of Karnataka impugns the judgment of the High Court directing appointment of the Respondent to the post of Assistant Teacher, as her name appears in the Additional List (Wait List) of candidates. Having considered the rules and the principles that govern the services, we have held that enlistment of name in the Additional List neither creates a right nor a co-relative obligation for appointment. For reasons that follow, we have allowed the appeal filed by the State and set aside the directions of the High Court. Facts that are necessary for disposal of the appeal are as follows:-

(2.) Pursuant to a notification issued by the Department of Public Instructions, the Respondent applied for the post of Assistant Teacher in Government Primary School at Chikkaballapur District. Post the selection process, the selection authority, issued the final select list of five candidates on 20/1/2016. The Respondent was not one of them. However, an Additional List (which is in the nature of a wait list) was published on 29/2/2016, which comprised of just one candidate, the Respondent herein. The Additional List had a note which stated that mere inclusion in the list would not confer a right to appointment and that the selection of the candidates named in the Additional List is provisional and subject to the directions received by the government from time to time.

(3.) A few months later i.e., on 21/7/2016, when a selected candidate made a representation that she was not inclined to take up the post, the Respondent addressed a letter to the Appellants on 8/9/2016 to consider her candidature since she was the only candidate in the Additional List.