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Seniority of reserve panel/waiting list

Page no : 3

Ashish Sharma (Govt servent)     21 October 2021

Respected Sir, please send to me relevant documents to my email address  sharma59084@gmail.com , related to seniorty matters, who candidates selected in waiting/reserve list, Sir I will be very grateful for your help

Alok Ranjan   07 February 2022

Can you share the orders ? Thanks

Sudhir Kumar, Advocate (Advocate)     14 February 2022

You seem to have decided to keep on wasting time till matter becomes time barred.

mohan   27 August 2022

Seniority of 1st List and Waiting List.

(1) Question : They were not Born how they can get Seniority at that time ?

Ans : 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  :

And : 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. 

Biswajit   29 August 2022

They are making fool you. So many High court and supreme court orders are there regarding waiting list candidates as per merit and marks. Search in Google you will get.

Manoj Parihar vs The State Of Jammu And Kashmir on 27 June, 2022( Supreme court order order)

Tseten Palzor Bhutia

 versus

Respondents

State of Sikkim and Others ( Supreme court order)

So many High court orders also

 

chander partap singh   04 October 2022

Kindly provide any CAT order regarding this 

Shubham Sharma   17 November 2022

Originally posted by : Biswajit

If any body need documents for court case please contact here. Do many CAT order and
Departmental examples also there.. I will provide.

Please send documents .. I am general category student with waiting list

1 Like

Alok Ranjan   17 November 2022

CAn you share those CAT Orders on abhilasha13193@gmail.com. Thanks

Biswajit   08 December 2022

 Honorable CAT, Principal Bench, New Delhi to the O.A. No.1776/2020, Petition filed by Pallavi Gupta.

Honorable CAT, Principal Bench, New Delhi to the OA No. 130 of 2020, Petition filed by Sunil Rathee.

Both the orders of Honable CAT instructed the Ministry of Civil Aviation to revise seniority list and fix the seniority of all the candidates irrspective of Main list and Waiting list/reserve panel as per Marks secured in the selection/examination.


Attached File : 553359 20221208121439 pallavi.pdf downloaded: 27 times

mohan   21 December 2022

Honorable CAT, Bangalore  Bench, O.A./698/2019 case filed by  RAMIREDDY GANGIREDDY  and  O.A./920/2019, Case filed by Kiran B. 

Both instructed the ESIC to revise seniority list and fix the seniority of all the candidates irrspective of Main list ,  Waiting list/reserve panel , date of joining as per Marks secured in the selection/examination.

Sudhir Kumar, Advocate (Advocate)     30 December 2022

I is your choice not to ove court even if you have matrial.


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