Period of operation of waitlist for selection of U.P. Sub-Deputy Inspector of Schools to be computed from date of first recommendation: SC

Supreme Court: A Bench comprising of Uday U. Lalit and R. Subhash Reddy, JJ. allowed an appeal filed against the judgment of the Allahabad High Court whereby it directed the appellant-Commission to send the names of requisite number of candidates to the Director of Education (Basic).

In 2006, process for selection of 178 Sub-Deputy Inspector of Schools was initiated in the State of U.P. After completion of the selection process, in 2010, results were declared and recommendation was made by the Commission to the Government in respect of selected candidates. It is pertinent to note that in its first recommendation, the Commission had given names of 156 candidates, and other names were provided in subsequent recommendations. After receipt of recommendations, the State Government issued appointment letters; however, 7 of the candidates did not join and their candidature was cancelled. in 2013, the Director requested the Commission to send names of 7 candidates in order of merit, which request was turned down by the Commission. Aggrieved thereby, the respondent filed a writ petition before the High Court which was allowed and the Commission was directed as aforesaid. Challenging the said judgment, the Commission preferred the instant appeal.

The Supreme Court perused the entire record including the policy documents as submitted by the Commission. the Court found favour with Commission’s submission that the recommendation was mainly forwarded by it on 12-08-2010 and the waitlist was to operate for a period of one year. the said request was made after almost 3 years and thus turned down. Per contra, the respondent had submitted that the period of operation of the waitlist would be counted from the date of the latest recommendation. After perusing the Government Orders relevant to the case, the Court was of the view that the period of operation of the waitlist was to be computed from 12-09-2010. In such view of the matter, the appeal was allowed and the judgment impugned was set aside. [U.P. Public Service Commission v. Surendra Kumar,2018 SCC OnLine SC 2525, decided on 22-11-2018]

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