Court Rules Select List Exhausted After Appointment; Waiting List Not Revived by Candidate's Disqualification
Srinagar, May 22, 2026 - In a significant ruling, the Jammu and Kashmir High Court dismissed a petition filed by Bisma Bashir, who sought appointment to the post of Messieurs (Female) at the Government Unani Medical College, Ganderbal, following the disqualification of the initially selected candidate, Humaira Jan, due to fraudulent credentials.
The court, presided over by Justice Sanjay Dhar, held that once a candidate is selected and appointed, the select list is exhausted. The court emphasized that the subsequent dismissal of an appointed candidate does not reinstate the select or waiting list. Consequently, the petitioner, being on the waiting list, cannot claim the appointment after the cancellation of the selected candidate’s engagement.
The case stemmed from Notification No. 01 of 2021, issued on October 21, 2021, which advertised posts, including two for Messieurs. After a competitive process, Humaira Jan was selected based on her examination scores. However, her appointment was later invalidated when it was discovered that her 12th-grade certificate was from an unrecognized institution, leading to the cancellation of her engagement on December 25, 2022.
Bisma Bashir argued that the vacancy should revert to her as she was first on the waiting list. However, the court noted that the select list's validity was limited to one year, and it expired before the cancellation of Jan's appointment, thereby nullifying any claims from the waiting list.
The court referenced the Supreme Court’s decision in Union of India v. G. Ramesh (2021), which established that post-appointment, the select list is exhausted, and any subsequent vacancy should be treated as a new opening requiring a fresh selection process.
The High Court further highlighted that the original engagement was on an academic arrangement basis, valid for one year or until the post was filled regularly, reinforcing that the waiting list could not be extended beyond its stipulated period.
This judgment underscores the principle that employment lists are not perpetually valid and emphasizes the necessity of adhering to predetermined validity periods for select and waiting lists.
Bottom line:-
Once a candidate has been selected and appointed to a post, the select list stands exhausted. Subsequent dismissal of the appointed candidate does not revive the select or waiting list.
Statutory provision(s): Service Law principles regarding appointment and waiting list validity, as referenced in Union of India v. G. Ramesh (2021) and State of Punjab v. Raghubir Chand Sharma.
Bisma Bashir v. UT Of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2905311
