DISTRICT LEVEL RECRUITMENT COMMITTEE Vs. VASANTH SHANKAR RAO

JUDGEMENT

(1.) The Deputy Commissioner of Excise, Bangalore, by his letter , dated 9.6.1999 informed the Deputy Commissioners of Excise of various districts in the State of Karnataka, the permission granted by the State Government for recruitment of Excise Guards in their respective districts. The Deputy Commissioner of Excise, Bidar was permitted to fill up 20 vacant posts of Excise Guards in Bidar District by direct recruitment. Accordingly, the Deputy Commissioner of Excise, Bidar District, issued a Notification dated 14.2.2000 for filling up of 20 posts of Excise Guards in Bidar District. The classification of vacancies in the said Notification is as under: Number of Vacancies Classifications of Vacancies <FRM>JUDGEMENT_49_ILR(KAR)_2010Html1.htm</FRM>

(2.) Pursuant to the said Notification, selection list of 20 candidates dated 11.4.2002 was published and appointment orders have also been issued to the selected candidates. The respondents were kept in the waiting list. It is the case of the respondents that the total number of posts advertised was 27. Since they were kept in the waiting list, they should have been appointed to the posts in question instead of the District Level Recruitment Committee calling for fresh list of candidates from the Employment Exchange to fill up the seven additional posts. Therefore they filed an application No.4210-4212/2003 before the Karnataka Administrative Tribunal, Bangalore (for short the Tribunal) seeking the following reliefs:

(2.) The petitioners filed statement of objections contending that in order to fill up 20 posts of Excise Guards in the Excise Department. Bidar district, a Notification was issued on 14.2.2000 and selection list of 20 candidates was published and appointment orders have also been issued to the selected candidates. It is contended that Notification was issued to fill up 20 posts and not . 7 posts as claimed by the respondents. The 20 candidates whose names figured in the main selection list were eligible and as such appointment orders were issued to them. It is further contended that the intention behind preparation of waiting list is to accommodate the candidates from the said list in case the selected candidates in the main list do not report for duty. The Commissioner of Excise has accorded sanction for new posts of Excise Guards. It is an altogether fresh selection process. The Commissioner of Excise has called for particulars from the Employment Exchange to fill up the newly sanctioned posts. Mere inclusion of the names of the respondents in the earlier waiting list will not accrue them any right to claim selection in the subsequent Notification. They sought for dismissal of the application.