PARMINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Director, Rural Development and Panchayats issued advertisement dated 13.04.2006, Annexure P-1, inviting applications for appointment to the posts of ETT Teachers in the Rural Areas of Punjab. The petitioner who belongs to Handicapped Category, applied for the post in question claiming to be fully eligible. Two seats were reserved for Handicapped Category at village Bangan, Block Andana, District Sangrur. Two candidates, namely, Bumperjot Singh and Manpreet Kaur were selected in the Handicapped Category against two available vacancies. Both the selectees joined the posts. One of the candidates, namely, Bumperjot Singh resigned from the post in village Bangan, Block Andana, District Sangrur and joined as ETT Teacher at some other station. Due to his resignation, one post of ETT Teacher of Handicapped Category became available. The petitioner was in the waiting list at serial No. 1. He made request for his appointment for the resultant vacancy fallen vacant on account of the resignation of the appointee named above. He submitted some representations for such relief, but to no avail. The petitioner has filed the present writ petition seeking a direction in the nature of mandamus for his appointment against the aforesaid vacancy and also a further direction that the vacancy be not advertised afresh.

(2.) I have heard the learned counsel for the parties at length.

(3.) The waiting list is to operate if any vacancy remains unfilled during the life of the waiting list. However, in the present case, all available vacancies were filled up and consumed. One vacancy became available on account of resignation of one of the appointee. Such vacancy cannot be allowed to be filled up and has to be re-advertised in accordance with the mandate of Articles 14 and 16 of the Constitution of India and cannot be utilised for the waiting list candidates. The position in law is settled by the Hon'ble Apex Court in the case of Madan Lal and others v. State of Jammu and Kashmir and others, 1995 AIR(SC) 1088 and in the case of Gujarat State Dy. Executive Engineers Association v. The State of Gujarat and others, 1994 2 SLR 710, wherein it has been held as follows :