THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI AND THE DIRECTOR OF EDUCATION, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI Vs. PATHUMMABI. B, W/O. BASHEER, BAITHODA HOUSE, AMINI ISLANDS, UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) HEARD learned counsel for the petitioners as well as the respondent. Respondents before the Central Administrative Tribunal (CAT) are before us who are none other than the Administrator, Union Territory of Lakshadweep, Kavaratti and the Director of Eduction, Union Territory of Lakshadweep, Kavaratti. It is not in dispute that, by notification dated 01/09/2004, applications were called for to the post of Nursery Trained Teacher in the pay scale of Rs. 4500 -7000 against three existing vacancies. It is also not in dispute that on 16/4/2005 a selection list was published. Similarly, it is not in dispute that the respondent who was an applicant before CAT was kept in the waiting list as per order dated 16/4/2005 as shown in Annexure A2.

(2.) ACCORDING to the applicant, as per the Tribunal, candidates in the waiting list should be accommodated in the vacancy that arose during the recruitment year as per the guidelines. The contention of the respondents before CAT was that the candidates appearing in the waiting list could be considered only if the candidates in the main list did not report for duty for one reason or the other and therefore according to them, once the three candidates reported for duty as per the main list, question of considering anyone in the waiting list would not arise. Hence the applicant was not entitled for consideration in respect of vacancy that arose on 01/05/2005. Admittedly, there are no rules or regulations which indicate how vacancy should be notified or a provision notifying vacancies which would arise in the future by restricting to a particular period. We have only the guidelines which cover the dispute in question. It is not in dispute, in the absence of any legislation, the guidelines could be taken as the guiding factor to guide the recruitments that take place in the appellants' institution. Guidelines are at Ext.P2 which was marked as Annexure A5 before the Tribunal. The relevant paragraphs in the guidelines are at 4(i) and 4(xii) which read as under: