(1.) Rule, returnable forthwith. Heard finally by consent of parties.
(2.) Pursuant to advertisement dated 7 September 2013 issued by Respondent No. 1, the Petitioner along with others, being physically handicapped challenged person (suffering more than 45% disability) applied for the post of Peon as reserved for the sports persons. The Petitioner, inspite of this disability has been participating in sport activities in International, as well as, State Level Tournaments. He has won various awards and certificates from various Associations as a Power Lifting Champion. The Petitioner was selected but kept on waiting list, as he had obtained 46 marks. One Mr. Ajay Khade who obtained 47 marks was selected as per the list dated 18.01.2014 for the post. However, some time in April 2014, Mr.Ajay Khade communicated his inability to join the post. The Petitioner being the only eligible candidate as per the list, ought to have been appointed by the Respondent. For unknown reasons, the Petitioner was not appointed, within the prescribed period.
(3.) The immediate procedure to be followed, for such appointment on vacant post as reflected in Clauses 16, 17 and 18 of the Government Resolution dated 30.04.2015, was not followed by the Respondent. We have noted that clause 17 provides that in such situation, the Department is required to appoint the next waiting list candidate temporarily, subject to the completion of formality.