Seniority of Main List/1st List and Waiting List/ Reserve panel.
(1) Question : They were not Born how they can get Seniority at that time ?
Answer: Born means in which respect?? Date of advertisement or date of examination or date of appointment after fullfil ment of all criteria of the overall selection procedure for the vacancy advertised or date of joining ?
Date of joining is not considered for seniority of Directly recruited candidates for the batch of a particular vacancy advertised by UPSC as per Dopt OMs .
Vacancy is filled from the reserve panel( Waiting list) recommended by the UPSC against the same recruitment notification shall not be treated as a fresh vacancy and belongs to the same batch of recruited candidates. ( As per DoPT OM DOP&T’S OM 41019/18/97 - Estt. (B), dated 13 June 2000).
Joining of candidates depends on various formalities , antecedent verification , medical etc. For direct recruitment, Merit of the candidates in the examination / particular batch is only criteria of seniority.
Candidate cannot be faulted for his delayed appointment as it was for reasons beyond his control or for that matter beyond the control of any of the Respondents herein.The list of selected candidates from main list was only provisional and not the final list of appointment for the particular vacancy advertised and not the final list of overall selection process, and their selection was subject to the conditions laid down . Hence, if any candidate did not fulfill any condition mentioned therein viz., if the person’s selection did not withstand Police verification, medical fitness and verification of all required documents by the respondents would be cancelled.
Hence, in a overall selection process, a candidate placed in Main list but failed in further selection criteria like medical , antacedent may be considered that he was ultimately not got selected, failed , not fit, and never filled the vacancy raised by that advertisement.Further, Non willingness of candidates after qualifying the UPSC exam by Main panel /1st list and non willingness to take part in the examination of antacedent, medical verification may be considered failed in the overall selection process and he was ultimately not got selected, failed in selection , not fit, and never filled the vacancy raised by that advertisement .
Petitioner was qualified the exam and was also available along with the main list candidates . Petitioner Infact a victim of the circumstances that arose at the relevant time / victim of circumstances of overall process of final selection and appointment when he qualified in the examination.
( Ref. By the way, date of joining was not considered by respondents for the prepared seniority list by them , see date of joining of all candidates and their Seniority)
(2) Questions : Selection of reserve panel was not 1st attempt and reserve panel (waiting list)selection is second attempt :
Answer : All candidates are from same attempt of the examination and interview.
Candidates selected by reserve panel cannot be considered by fresh vacancy or carry forward vacancy as per Dopt OM. They are selected in the original vacancy in place of non joining/ non interested main panel candidates or candidates who are not qualified in verification stage like medical and police antecedent verification.
Hence, 1st attempt or 2nt attempt logic is a wrong depiction for the Direct recruitment candidates in a batch/ same examination.
If any court orders with respect to above terms is existing, that is for case specific situation but not universal.
