RAMESH N GAONKAR Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) By this petition, the Petitioners have sought a direction to the Commissioner of Excise and the State of Goa to appoint the Petitioners to the post of Excise Inspectors in the reserved category pursuant to the selection process completed in March 2007. The Petitioners have also sought to set aside the appointments of the Respondent Nos.3 and 4 made pursuant to the advertisement dated 22 January 2008.

(2.) The Respondent- Department had prepared a select list for 16 posts of the Excise Inspectors, which was advertised on 17 December 2005 and it was readvertised on 22 February 2007. 16 candidates were selected for the said posts and 11 candidates were kept on waiting list. The select list was valid up to March 2008. Five posts were subject matter of the petition, had lapsed. That is, two had lapsed in November 2004, one in January 2005, one in March 2005 and one in October 2005. The proposal for the revival of the posts was under consideration of the State Government. The posts were revived in May 2008. Prior to that on 22 January 2008, an advertisement was issued.

(3.) This contention is opposed by the Respondents on the ground that the Petitioners were only kept on select list which had one year duration. Once the vacancies were filled up pursuant to the recruitment process, the selection list came to an end and for the subsequent advertisement the Petitioners had no right.