Summary
A teacher-recruitment candidate ranked 34th sought the vacancy left when one of the 33 finally selected candidates failed to attend counselling. The Court held that the governing rules expressly prohibited a waiting list and required unfilled posts to be carried forward. Replacement during provisional certificate verification was distinct from filling a vacancy after final selection. The candidate had no right to appointment, and his appeal was dismissed.
Issues
- Whether the next-ranked candidate could claim an unfilled post after the final selection list was published despite an express prohibition on a waiting list.
Provisions considered
- Rule 16(5), Andhra Pradesh Direct Recruitment for the Post of Teachers (Scheme of Selection) Rules, 2012The rule capped selected candidates at notified vacancies, prohibited a waiting list and required posts unfilled for any reason to be carried forward. (¶¶ 7.1, 7.3-9)
- Paragraph 8, G.O. Ms. No. 91 dated 3 November 2012Provisional-list revision during verification preceded final selection; paragraph 8(g) reaffirmed the no-waiting-list rule after finalisation. (¶ 7.2-7.6)
Held
- Paragraph 8 allowed the provisional list to be redrawn for specified certificate-verification failures or overlaps. Once that exercise ended and the final list was prepared, Rule 16(5) and paragraph 8(g) required later unfilled posts to be carried forward. (¶ 7.1-7.3)
- The selected candidate failed to appear for counselling after the final list of 33 was published. The appellant was outside that list, and no waiting list was permissible. His next position in merit therefore did not entitle him to this vacancy. (¶ 7.4-7.6)
- The prohibition on selecting more candidates than notified vacancies did not compel every notified post to be filled through successive offers. Reading the rule as a whole, accepting the claim would create the very waiting-list mechanism the rule excluded. (¶ 8-9)
Result
Appeal dismissed. The High Court’s reversal of the Tribunal’s appointment direction was upheld; the unfilled post was to be carried forward under the governing recruitment rules. No order as to costs.