Summary
The next candidate in a select list had no right to appointment when the sole appointee was later dismissed following disciplinary proceedings concerning fraudulent selection. Appointment to the single vacancy exhausted the selection process, and the subsequent dismissal did not revive the list.
Issues
- Whether dismissal of the selected and appointed candidate revives the exhausted select list or entitles the next candidate to appointment.
Held
- The selection for one vacancy ended with the selected candidate’s appointment. His later disciplinary dismissal did not revive the select list or confer a right to appointment on the candidate next in merit. (¶ 7)
- A vacancy arising after an appointee has joined is a fresh vacancy requiring fresh steps under the appropriate rules, rather than continuation of the completed selection process. (¶ 8)
Result
Union’s appeal allowed without costs. The High Court judgment was set aside and the respondent’s original application seeking appointment as postman stood dismissed.