Excelsior Correspondent
SRINAGAR, May 25: High Court today said that once the selection of a candidate on a post has been made, the selection list along with the waiting list stands exhausted. The court dismissed the plea of a waiting list candidate seeking appointment on the post subsequent to removal of the original candidate.
Justice Sanjay Dhar dismissed the plea of one-Bisma Bashir seeking a direction upon the concerned authorities to issue formal order of engagement in her favour in respect of the post of Messieurs (female) in the Associated Hospital of Government Unani Medical College, Ganderbal.
The post had fallen vacant after it was found that one Humaira Jan who was appointed and joined the college but later after verification about the genuineness of her testimonials it was found that her 12th pass qualification certificate was invalid. She had done 12th from Delhi State Open School (DSOS) which is not recognized/affiliated with the Directorate of Education, Government of National Capital Territory of Delhi.
Upon receipt of the said verification report, the engagement order issued in favour of Humaira Jan as Messieurs (Female) in terms of order No.05-NG of 2022 dated 12.02.2022 was cancelled and Bisma approached the court for her appointment on the post.
Justice Dhar dismissed the prayer of the aggrieved candidate by recording that once a candidate has been selected upon conclusion of the selection process and is appointed to the post, the select list stands exhausted. The subsequent dismissal of the appointed candidate from the service for whatsoever reason would not revive either the select list or the waiting list.
“Therefore, the petitioner is not entitled to seek a direction for the operation of the waiting list. Thus, otherwise also, the select list/waiting list could not have been carried forward beyond the period of one year. On this ground also, the petitioner does not have a case. For what has been discussed hereinbefore, I do not find any merit in this petition. The same is dismissed accordingly. Interim direction, if any, shall stand vacated”, the court concluded.
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