Summary
The Court reversed a direction to appoint the next-ranked candidate to a Junior Lecturer vacancy left by a selected candidate’s non-joining. Amended Rule 6 of the APPSC Rules discontinued the waiting-list system and required fallout vacancies to be notified in the next recruitment. Rule 7’s reference to selection according to rules did not override that mandate. The claimant’s four-year delay independently defeated relief.
Issues
- Whether amended Rule 6 and Rule 7 entitled a non-selected candidate to appointment following non-joining by a selected candidate.
Provisions considered
- Rules 6 (as amended in 1997) and 7, Andhra Pradesh Public Service Commission Rules of ProcedureThe rules were read harmoniously: replacement selection must comply with the amended requirement to notify fallout vacancies in the next recruitment. (¶¶ 5, 6, 7, 9, 10)
Held
- The 1997 amendment limited the approved selection list to notified vacancies and ended the former waiting-list arrangement. Relinquishment and non-joining vacancies had to be notified in the next recruitment. (¶¶ 5, 6, 9)
- Rule 7 required any further selection to be according to the rules then in force. It could not create a right contrary to amended Rule 6; the Commission could not appoint the next-ranked non-selected candidate from the old process. (¶¶ 7, 9, 10)
- The claimant lacked a right under the governing rules and had also approached the Tribunal four years after non-joining. Both the merits and delay and laches precluded the appointment direction. (¶¶ 8, 11)
Result
Appeal allowed. The High Court judgment directing appointment of the respondent was set aside.