Govt cannot refuse to operate waiting list, if selected person do not join- HC

High Court directs Punjab education deptt to operate waiting list of post of Vocational Masters

Chandigarh, October 25: “Government cannot arbitrarily decline to operate waiting list, if selected persons do not join.” Ruled Justice Dhindsa in a significant judgment pronounced today, and directed the Punjab Education department to issue appointment letter to petitioner, Venus retrospectively from the last date stipulated for joining of selected candidates

Advocate HC Arora, Counsel for petitioner said that allowing a civil writ petition filed by Ms. Venus of Malout (Muktsar district), Justice Tejinder Singh Dhidsa today directed the Punjab Education Department to issue appointment letter to Ms. Venus, with retrospective effect from January 14th, 2012, which was the extended date given by the Education Department for allowing the selected candidates to join the post of Vocational Masters (Taxation Practices), along with continuity of service, seniority and all other consequential benefits, except salary.
In this interesting case, the Education department had made selection of 40 persons for the post of Vocational Masters (Taxation Practices). However, despite one special public notice issued calling upon the selected candidates to join by January 14th, 2012, as many as 20 selected persons of general category did not join. The department, however, did not issue appointment letter to the petitioner, who was at serial no. 1 in the Waiting List. She filed the writ petition. During pendency of the writ petition, department issued another public notice giving another opportunity to selected candidates to join, yet 20 posts remained vacant. The department conveyed it to the High Court during hearing of the case, that since it had ordered a vigilance enquiry into the selections, it would not operate the waiting list.
Terming the conduct of the Government as arbitrary and discriminatory, Justice Dhindsa observed that Government cannot arbitrarily decline to operate waiting list, when the selected candidates do not join. In the instant case, the department rather made a statement through Ms. Sudiptee Sharma, the Law Officer, that it would re-advertise the remaining vacancies, and would not operate the waiting list. The Government’s stand regarding vigilance enquiry was dubbed by the Single Judge as “frivolous”. “If select list has not been scrapped, the department cannot refuse to operate the waiting list” observed the Judge.