BHAWANI SHANKAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition had been filed for issuance of a writ of mandamus to the respondents for granting him appointment on the post of Senior Teacher (School Lecturer) in Commerce Subject with immediate effect and also to grant him all the consequential benefits of this post. The basis of this claim is that the petitioner had appeared in a competitive test for appointment of School lecturers in Commerce Subject and although he could not qualify for immediate appointment, he was put on the waiting list for appointment as and when the vacancies were available. The petitioner later was not granted any appointment and hence he filed this writ petition for the requisite direction to the respondents for granting him appointment.

(2.) HAVING heard the counsel for the parties it became explicitly clear that the examination for appointment on the post was held in the year 1990 and the list of qualified candidates was prepared on 21. 03. 1991 for 246 posts out of which 210 candidates only were appointed from this merit list. The petitioner's name admittedly did not find place in this list of 246 candidates, but him name was included in the waiting list which was prepared for anticipated vacancies in future. It was pointed out by the counsel for the respondents that the State Government required 210 candidates only for the post and hence some of the candidates from the select list out of 246 candidates were not appointed and therefore the question of granting appointment to a person who was on the waiting list could not arise at all. The life of the panel as per the rules was to remain effective only for a period of six months and after expiry of this period, the petitioner cannot claim any right of appointment after the life of the panel was exhausted.