Waitlist Candidates Have No Right To Consideration Once Final Selection List Has Worked Itself Out: Delhi HC
The Delhi High Court observed that waitlisted candidates have no right to consideration once the final selection list has worked itself out.
The Court was hearing a Writ Petition seeking the issuance of Writ, order or direction in the nature of Mandamus commanding the Respondent University of Delhi to consider the claim of the Petitioner on the post of Assistant Professor for Philosophy in the Janki Devi Memorial College, Delhi.
The bench of Justice Tushar Rao Gedela observed, “Moreover, once the final selected list of candidates has worked itself out, the question of a wait-listed candidate having any right whatsoever, even for the purpose of consideration would not arise.”
Brief Facts-
The petitioner, Mohammad Inamul Haq who was unsuccessful in the final selection for the post of Assistant Professor in Philosophy at Janki Devi Memorial College, New Delhi, was listed at No. 3 on the waitlist. The petitioner contends that the successful candidate, listed at No. 2 in the OBC category, is not an OBC candidate as per the Central List of Bihar. The petitioner argues that if the candidature of respondent No. 3 is cancelled, they would be entitled to the position, as the first waitlisted candidate belongs to the PwBD category and the second waitlisted candidate has passed away, leaving the petitioner as the only eligible candidate.
The Court noted the fact that a particular certificate has been issued by the State of Bihar pertaining to the Central List of OBC category persons within the State of Bihar, by the Competent Authority. According to the Court, there is no way that the petitioner can challenge the entitlement of the respondent to the said post.
As per the Court, the mere challenge to the appointment of respondent without anything more is unsustainable and even otherwise, the petitioner was only signing in the waitlist and had no substantial right.
According to the Court, it is well settled that the waitlisted candidate will not have any right whatsoever much less the right of consideration.
The Court noted that once the final select list of candidates has already been offered an appointment to the said post and concluded by such incumbents accepting the said offer and occupying the said post, the petitioner cannot be permitted to challenge the same after a passage of more than a year.
The Court said that there was no way the respondent’s eligibility could be challenged.
Accordingly, the Court dismissed the Writ Petition.
Cause Title: Mohammad Inamul Haq v. The University of Delhi (Neutral Citation: 2024: DHC:4401)
Appearance:
Appellant: Adv. Vivek Kumar Mishra, Adv. Richa Bais and Adv. Dipti Mishra
Respondent: Adv. Mohinder J.S. Rupal, Adv. Hardik Rupal and Adv. G.K. Pathak