Aspirant can’t claim appointment on unfilled vacancy: HC

Excelsior Correspondent

Srinagar, July 10: High Court has dismissed a plea seeking appointment of Probationary Officer in Jammu and Kashmir Bank on one of the leftover vacancies despite having not secured a position in the select list.
Justice Javed Iqbal Wani said the petitioner had no enforceable legal right to demand selection against leftover vacancies, having failed to meet the cutoff set by the bank during its 2018 recruitment drive.
The petitioner had applied for the post in 2018 in response to the advertisement issued by the Bank to fill up 175 vacancies for Probationary Officers under the general category.
The petitioner successfully appeared in the written examination and interview but did not make his place in the select list.
The bank appointed 138 candidates and created a waiting list of 18 names. 37 selected candidates did not join, and only 16 candidates from the waiting list took up the posts.
The petitioner claims that he had a higher merit than some of the appointees and should have been considered against the unfilled vacancies, as such approached the court.
“The petitioner cannot, in law, seek his selection and appointment against the leftover vacancies of the post in question on account of having voluntarily and without any objection or reservation participated in the process of selection, subject to the terms and conditions set out in the advertisement.