PRAYAGRAJ: A waitlisted candidate has no absolute right for being considered for appointment and that a waitlist cannot be for an indefinite period, Allahabad high court has ruled.Dismissing a petition filed by Nitish Maurya and four others, Justice Saurabh Shyam Shamshery said in its order in November, “It is well settled that a person in waiting list has no absolute right for consideration to get appointed as well as that a waiting list cannot remain in existence for unlimited period or a particular selection process cannot remain pending for unlimited period.”The petitioners had participated in a selection process for posts of assistant teachers (LT Grade) in privately managed, recognized and aided higher secondary schools advertised by Uttar Pradesh Secondary Education Service Selection Board, Prayagraj. Initially, petitioners did not appear in the merit list or the waiting list.The petitioners approached the high court where directions were issued to the Board to fill up all vacancies in the state through the procedure detailed by the court. The state preferred a special appeal against the order of the single-judge bench wherein it was ordered that all vacancies be filled up by the selected candidates who had not joined anywhere and also by waitlisted candidates by giving them options to choose regarding placement in such institutions/colleges. Accordingly, a fresh panel of candidates was to be prepared.Secretary, UP Secondary Education Service Selection Board, Prayagraj, issued a communication to director of education (secondary) regarding counselling on vacant posts under the waiting list and thereafter the process was completed with the counselling the selected candidates as well. Subsequently, an order was passed stating that there was no need to modify the earlier waitlist. This order was challenged before the HC.
