Post Fell Vacant Before Expiry Of Wait List, Applicant Can't Suffer Due To Lapse Of Administration: Gujarat High Court Grants Relief To PWD Candidate
The Gujarat High Court has recently directed its administrative department to grant appointment to the Petitioner, a physically challenged candidate, who had applied for the post of Peon (Class IV) under the Physically Handicapped category.The Bench comprising Justice Biren Vaishnav considered that two vacancies had arisen before the expiry of the waitlist in which Petitioner's name figured...
The Gujarat High Court has recently directed its administrative department to grant appointment to the Petitioner, a physically challenged candidate, who had applied for the post of Peon (Class IV) under the Physically Handicapped category.
The Bench comprising Justice Biren Vaishnav considered that two vacancies had arisen before the expiry of the waitlist in which Petitioner's name figured at serial number 67, however, the appointment could not be made since the Recruitment Cell was not informed about the same in due time.
"Merely because the Recruitment Cell was informed by the administrative department of the High Court beyond the relevant date of 19.9.2020, the case of the petitioner cannot suffer," it said.
The Court was hearing a petition under Art 226 wherein the Petitioner had prayed that the Respondent authorities revise the posting order by including the Petitioner for the post of Peon. The High Court had issued an advertisement in 2018 inviting online applications for the post of Peon, Chowkidar etc. The advertisement was for 1149 posts of which 33 were reserved for Physically Handicapped category. The Petitioner (40% loco-motor disability) applied and successfully cleared the tests. Thereafter, he was placed at No. 67 in the waiting list out of 114 candidates.
The Petitioner averred that the Respondent had published a selection list wherein many appointees did not join and therefore, two seats fell vacant in the Physically Handicapped category. Only 9 candidates from the waiting list were not appointed and the Petitioner was one of them.
Per contra, the Respondent contested that there were no vacancies, hence the 9 candidates could not be appointed. The Recruitment Cell also had no information about the availability of other vacant posts at Surat including the one in the General PH category. Subsequently, the Recruitment Cell stated that there were two vacant posts vide endorsement dated 22.04.2021. However, the validity of the selection list was till 19.09.2020.
Justice Vaishnav noted that the Recruitment Cell had received information from the administrative department on 17.08.2020 that one post of SC-PH was left vacant. Additionally, the administrative side of the High Court had requested all Courts to furnish latest information by 20.09.2019 but it was only by 16.03.2021 that the District Judge Surat informed that the two General-PH candidates had dropped from the list.
Consequently, it was evident that the Respondent had admitted the vacancies but the information was received by the Recruitment Cell beyond the due date.
Affirming that merely because the due date had passed, the right accrued to the Petitioner because of vacancies in the PH category could not be vitiated, the Bench allowed the petition and directed the Respondents to consider the case for Petitioner's appointment within 12 weeks from the date of the judgement.
Case Title: Priteshkumar Bipinbhai Dave vs State Of Gujarat
Case No.: C/SCA/13013/2021
Click Here To Read/Download Judgment