seeking opinion
yogesh
(Querist) 04 June 2009
This query is : Resolved
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
On the basis of above, I seek the opinion if an individual/applicant who was placed in the waitlisted candidate under Unreserved category. Can Recruitment body transfer the resultant "vacancy" of any individual (who was appointed under Unreserved category) by keeping its seat vacant and later transferred to the Reserved category by debarring applicant rights if the waitinglist panel is having in its validity period
Regards
PALNITKAR V.V.
(Expert) 04 June 2009
I did not get the meaning.Do you mean to say that A was placed in the wait list for a particular post and later it was transferred to Reserved Category? In my opinion, placing a person in wait list is not an appointment. Simply because a person is placed in wait list does not mean that he is posted.
