BSNL & ORS. versus ABHISHEK SHUKLA & ANR.

BSNL & ORS. versus ABHISHEK SHUKLA & ANR.

Candidates in the waitlist are entitled to appointment on unfilled posts if selected candidates do not join and they make representation within the life of the panel; reservation for handicapped candidate not mentioned in advertisement cannot override entitlement.

Parties
Appellant: BSNL & ORS.; Respondent: ABHISHEK SHUKLA & ANR.
Jurisdiction
India
Judgment Date
08 April 2009
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Appointment/selection, Advertisement for Appointment, Waitlist Candidates, Reservation for Handicapped Candidates
Service Law Appointment/selection Advertisement for Appointment Waitlist Candidates Reservation for Handicapped Candidates

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Parties

BSNL & ORS.

Appellant

ABHISHEK SHUKLA & ANR.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Allahabad High Court

Legal Issues

  1. 1 Whether candidates in the waitlist are entitled to appointment on unfilled posts when selected candidates do not join
  2. 2 Effect of reservation for a handicapped candidate which was not mentioned in the advertisement
  3. 3 Whether absence of waitlist provision in statutory rules prevents appointment from waitlist

Ratio Decidendi

Candidates in the waitlist are entitled to appointment on unfilled posts if selected candidates do not join and they make representation within the life of the panel; reservation for handicapped candidate not mentioned in advertisement cannot override entitlement.

Court Disposition

Appeal dismissed

Orders

  • Appellants shall consider to fill up the two vacancies which remained unfilled because two selected persons did not join by offering the appointment letters to the respondents who are in the waiting list at serial Nos.1 and 2 within six weeks.