Court affirms that Rule 12(8) of U.P. Secondary Education Service Selection Board Rules limits waiting lists to 25% of vacancies, but does not mandate it.
In a significant ruling, the Allahabad High Court has upheld the discretionary powers of the U.P. Education Service Commission regarding the preparation of recruitment waiting lists for assistant teachers in the state. The court clarified that Rule 12(8) of the U.P. Secondary Education Service Selection Board Rules imposes an upper limit of 25% on the waiting list but does not obligate the Commission to prepare a list equaling this percentage.
The case, involving petitioners led by Nitish Maurya, challenged the Commission's decision not to extend the waiting list to a full 25% of advertised vacancies. The petitioners argued that the lack of uniform criteria for determining the waiting list percentage was arbitrary and unfair. However, Justice Saurabh Shyam Shamshery, presiding over the case, ruled that the statute's language clearly indicates an upper ceiling rather than a mandated minimum, emphasizing the Commission's discretion based on the circumstances of each recruitment process.
The judgment also referenced previous decisions, including those in Gaurav Kumar v. State of U.P. and Ambrish Kumar v. State of U.P., reinforcing that candidates do not possess an indefeasible right to appointment from waiting lists, and recruitment processes should not remain open indefinitely.
The court acknowledged that while uniform criteria would be preferable, the absence of such does not inherently render the Commission's decisions arbitrary or in violation of statutory provisions. The ruling is a setback for the petitioners who sought appointments as assistant teachers, as it supports the Commission's authority to manage recruitment flexibly within the statutory framework.
Bottom Line:
Employment law - Preparation of waiting list for recruitment - Rule 12(8) of U.P. Secondary Education Service Selection Board Rules does not mandate that waiting list must be prepared to the extent of 25% of vacancies - The Board/Commission has discretion to prepare waiting list up to 25% of vacancies advertised, not exceeding this limit.
Statutory provision(s): Rule 12(8) of U.P. Secondary Education Service Selection Board Rules, U.P. Education Service Selection Commission, 2023.
Nitish Maurya v. State of U.P., (Allahabad) : Law Finder Doc Id # 2810732
