VALLAMPATI SATHISH BABUversusTHE STATE OF ANDHRA PRADESH & ORS.

1080            SUPREME COURT
                          [2022]REPORTS
                                 2 S.C.R. 1080               [2022] 2 S.C.R.


 A                       VALLAMPATI SATHISH BABU
                                         v.
                 THE STATE OF ANDHRA PRADESH & ORS.
                          (Civil Appeal No. 2473 of 2022)
 B                                APRIL 19, 2022
                [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
              Service Law: Andhra Pradesh Direct Recruitment for the post
       of Teachers (Scheme of Selection) Rules, 2012 – r.16(5) – Selection
       process for recruitment of teachers – Appellant participated in the
 C
       selection process and was placed at 34 th position – Respondents
       declared that the candidates upto serial no. 33 (notified vacanices)
       in the merit list are selected in the available vacancies and
       accordingly invited the 33 candidates to appear for counselling –
       One candidate did not turn up for counselling – Consequently, one
 D     post in general category remained unfilled due to non-participation
       of the said candidate – Appellant sought consideration of his
       candidature which was declined – Tribunal allowed O.A. filed by
       appellant which decision was reversed by High Court – Hence
       instant appeal – Held: As per sub-rule (5) of r.16, the number of
       candidates selected shall not be more than the number of vacancies
 E
       notified – It also specifically provides that there shall be no waiting
       list and posts, if any, unfilled for any reason whatsoever, shall be
       carried forward for future recruitment – The final selection list of
       33 candidates was prepared. Thereafter all the selected candidates
       were called for counselling, but one of the candidates did not report
 F     for counselling – Therefore, said event took place after the final
       selection list was prepared and published – As there was no
       requirement of preparation of a waiting list, the appellant claiming
       to be the next in the merit cannot claim any appointment as his
       name neither figured in the list of the selected candidates nor in
       any waiting list as there was no provision at all for preparation of
 G
       the waiting list – Sub-rule(5) of r.16 is very clear – Therefore, the
       post remained unfilled and that post has to be carried forward for
       the next recruitment – High Court was correct in reversing the order
       of Tribunal.

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                                        1080
VALLAMPATI SATHISH BABU v. THE STATE OF ANDHRA PRADESH 1081


      Dismissing the appeal, the Court                                   A
       Held: 1. On a fair reading of Rule 16 of the Rules, 2012
read with the Guidelines once the final selection list is prepared,
there shall be no waiting list and posts, if any, are unfilled for any
reason whatsoever, shall be carried forward for future recruitment
as per sub-Rule (5) of Rule 16 of the Rules, 2012. In the present        B
case, the final selection list of 33 candidates was prepared.
Thereafter all the selected candidates were called for counselling,
but one of the candidates did not report for counselling. The
aforesaid event took place after the final selection list was
prepared and published. As there was no requirement of
preparation of a waiting list, the appellant claiming to be the next     C
in the merit cannot claim any appointment as his name neither
figured in the list of the selected candidates nor in any waiting
list as there was no provision at all for preparation of the waiting
list. [Paras 7.3, 7.4][1090-A-C]
       2. The appellant could have claimed the appointment to            D
the post which remained unfilled provided there is a provision
for waiting list as per the statutory provision. In absence of any
specific provision for waiting list and on the contrary, there being
a specific provision that there shall not be any waiting list and
that the post remaining unfilled on any ground shall have to be          E
carried forward for the next recruitment. The appellant, thus,
had no right to claim any appointment to the post which remained
unfilled. [Para 7.5][1090-D-F]
      3. Now, the submission on behalf of the appellant that as
per sub-rule(5) of Rule 16, all the 33 posts notified are required       F
to be filled is concerned, the same has no substance. Sub-rule (5)
of Rule 16 is required to be read as a whole and in its entirety
and the same is required to be read alongwith the Guidelines
issued. What is provided under sub-rule (5) of Rule 16 is that the
number of candidates selected shall not be more than the number
of vacancies notified. However, it further provides that there shall     G
be no waiting list and posts, if any, unfilled for any reason
whatsoever shall be carried forward for future recruitment.
Therefore, there shall not be any appointment of more than the

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1082            SUPREME COURT REPORTS                      [2022] 2 S.C.R.


 A     number of vacancies notified but that does not mean to prepare
       and operate the waiting list, which otherwise is specifically not
       provided for under the Rules, 2012. [Para 8][1090-H; 1091-A-C]
             Bihar State Electricity Board v. Suresh Prasad & Ors.,
             (2004) 2 SCC 681; State of Andhra Pradesh, rep. by
 B           its Secretary, Education Department and Ors. v. Samiula
             Shareef and Ors., 2014 (1) ALT 165 DB – relied on.
             4. Applying the law laid down by this Court in the case of
       Suresh Prasad and Ors. to the facts of the case on hand and
       considering the statutory provisions contained in Rule 16 of the
 C     Rules, 2012 read with the Guidelines, the appellant cannot claim
       appointment on the unfilled vacancy being next below the
       candidate in the merit list. If the submission on behalf of the
       appellant is accepted, in that case, it will lead to providing for
       preparation of a waiting list, which otherwise is not permissible
       as per sub-rule (5) of Rule 16. If the same is permitted, in that
 D     case, it will be directing the respondents to act contrary to the
       statutory provisions. Therefore, the High Court has not
       committed any error in refusing to appoint the appellant to the
       post which remained unfilled due to one of the selected candidates
       in the final selection list not appearing for counselling. The
 E     impugned judgment and order passed by the High Court is
       absolutely in consonance with the relevant statutory provisions.
       [Para 9][1091-E-H]
             District Educational Officer & Member Convenor,
             District Selection Committee, Nizamabad & Ors. v. B.
 F           Annapurna Writ Petition No. 21306 of 2005 – referred
             to.
                             Case Law Reference
       (2004) 2 SCC 681              relied on                 Para 4.4
             CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2473
 G
       of 2022.
             From the Judgment and Order dated 20.07.2021 of the High Court
       of Andhra Pradesh at Amaravati in Writ Petition No.12144 of 2015.


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VALLAMPATI SATHISH BABU v. THE STATE OF ANDHRA PRADESH 1083


      Ms. V. Mohana, Sr. Adv., Sadineni Ravi Kumar, Advs. for the              A
Appellant.
     Mahfooz Ahsan Nazki, Polanki Gowtham, Shaik Mohamad
Haneef, T. Vijaya Bhaskar Reddy, K. V. Girish Chowdary, Ms. Rajeswari
Mukherjee, Advs. for the Respondents.
      The Judgment of the Court was delivered by                               B

      M. R. SHAH, J.
       1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court of Andhra Pradesh at Amravati in
Writ Petition No. 12144 of 2015 by which the High Court has allowed            C
the said writ petition preferred by the State and has quashed and set
aside the order passed by the A.P. Administrative Tribunal, Hyderabad
in O.A. No.4916 of 2013, the original applicant has preferred the present
appeal.
      2. The facts leading to the present appeal in nutshell are as under:-    D
       2.1 That the appellant herein participated in the selection process
carried out by the respondents for recruitment of Teachers under the
Notification dated 30.01.2012 called as DSC-2012. Thirty-three (33)
posts were notified and the recruitment process was initiated for the
notified 33 vacancies. The appointments were governed by the Andhra
                                                                               E
Pradesh Direct Recruitment for the post of Teachers (Scheme of
Selection) Rules, 2012 (hereinafter referred to as “Rules, 2012”), which
were framed in exercise of the powers conferred by Article 309 of the
Constitution of India r/w sub-sections (3) and (4) of Section 169, sub-
sections (3) and (4) of Section 195 and Section 243 of the Andhra Pradesh
Panchayat Raj Act. Rule 16 of the Rules, 2012 provided for preparation         F
of selection lists. As per sub-rule (5) ofRule 16 the number of candidates
selected shall not be more than the number of vacancies notified. It also
specifically provided that there shall be no waiting list and posts, if any,
unfilled for any reason whatsoever shall be carried forward for future
recruitment.
                                                                               G
       2.2 That vide G.O. Ms. No. 91 dated 03.11.2012, the State issued
detailed guidelines. Clause 8 provided for verification of certificates and
preparation of select lists (which shall be dealt with hereinbelow).
    2.3 The appellant participated in the said selection process,
however, secured 58.08 marks and placed at 34 th position. The                 H
1084             SUPREME COURT REPORTS                           [2022] 2 S.C.R.


 A     respondents declared that the candidates upto serial No. 33 (notified
       vacancies) in the merit list are being selected in the available vacancies
       and accordingly invited the 33 candidates to appear for counselling. One
       candidate, who secured 18th rank with 60.83 marks did not turn up for
       counselling that was held on 28.12.2012. Consequently, one post in general
       category remained unfilled due to the non-participation of the said
 B
       candidate. The appellant made a representation before the respondents
       seeking for consideration of his candidature relying upon para 8 of the
       Guidelines issued under G.O. Ms. No. 91 dated 03.11.2012. As the
       appellant was not offered the employment, the appellant approached the
       Tribunal by filing O.A. No. 4916 of 2013 seeking a direction to the
 C     respondents to appoint him as Secondary Grade Teacher (S.G.T.) in the
       unfilled vacancy. The Tribunal allowed the said O.A. holding that the
       appellant is entitled for appointment as per para 8 of the Guidelines issued
       under G.O. Ms. No. 91 dated 03.11.2012.
              2.4 Feeling aggrieved and dissatisfied with the order passed by
 D     the Tribunal, the State preferred writ petition before the High Court and
       by the impugned judgment and order, the High Court has allowed the
       said writ petition and has quashed and set aside the order passed by the
       Administrative Tribunal.
             2.5 Feeling aggrieved and dissatisfied with the impugned judgment
 E     and order passed by the High Court, the original applicant has preferred
       the present appeal.
              3. Ms. V. Mohana, learned Senior Advocate appearing on behalf
       of the appellant has vehemently submitted that in the present case, 33
       posts were notified; therefore, until 33 posts are filled in, it cannot be
 F
       said that the selection process is complete.
              3.1 It is submitted that as per Rule 16(5) of Rules, 2012, the number
       of candidates selected shall not be more than the number of vacancies
       notified. Hence, in the present case, the selection was incomplete since
 G     one of the candidates did not turn up for counselling and receiving the
       order of selection. Therefore, the appellant being the next candidate as
       per merit namely, at the 34thposition, was entitled to the appointment out
       of 33 notified vacancies, as one of the candidates did not turn up even
       for counselling and the vacancy had to be filled by the next meritorious
       candidate, namely the appellant herein.
 H
VALLAMPATI SATHISH BABU v. THE STATE OF ANDHRA PRADESH 1085
                    [M. R. SHAH, J.]

       3.2 It is submitted that as per the Guidelines, the verification has     A
to be done of the candidates in the provisional selection list and finally,
after counselling, the final list will have to be published. It is submitted
that, however, a reading of clauses of the Guidelines together with the
Rule show that until all selections are made, i.e., all vacancies are filled,
the final selection list is not complete and the process is incomplete.
                                                                                B
        3.3 It is further submitted that Rule 16(5) of the Rules, 2012
provides preparation of selection list. It is submitted that as per the said
Rule selection has to be made equal to the number of vacancies. However,
there will be no waiting list and if there is any vacancy due to some other
reason, then that will be carried forward. It is submitted that the situation
contemplated in that Rule is like resignations, non-joining after getting an    C
appointment order, untimely death after joining etc. It is submitted that
however, in the present case, there was no appointment order issued to
one of the selected candidates and hence the selection was not complete.
It is submitted that on a fair, meaningful and combined reading of the
Rule along with the Guidelines, it shows that the final selection list could    D
have been prepared and finalized only after verification and counselling
and that the number of selected candidates cannot exceed the total
number of vacancies.
       3.4 It is further submitted by Ms. Mohana, learned Senior
Advocate appearing on behalf of the appellant that the very same rule           E
which existed under the Rules, 2000 and Rule 13 was the subject matter
of interpretation before the High Court in Writ Petition No. 21306 of
2005 – (District Educational Officer & Member Convenor, District
Selection Committee, Nizamabad & Ors. Vs. B. Annapurna),
wherein it was held that due to the mistake on the part of the employer;
a prospective and potential candidate cannot be allowed to suffer. It is        F
submitted that in the said decision, it was held by the High Court that if
there is any unfilled vacant post, the same is necessarily to be filled,
subject to the number of vacancies vis-à-vis the number of candidates
so selected on merit. It is submitted that the Special Leave Petition against
the said judgment has been dismissed by this Court.                             G
      3.5 It is further submitted that in the present case, the appellant
immediately approached the Tribunal seeking redressal of his grievance
without any delay. That the appellant approached the Tribunal since he
came to know that one of the candidates had not appeared for counselling
and one post remained unfilled. That the learned Tribunal passed a correct      H
1086                SUPREME COURT REPORTS                        [2022] 2 S.C.R.


 A     and reasoned order allowing the O.A. Therefore, the High Court ought
       not to have interfered with the findings of the Tribunal.
               3.6 It is contended that the learned Division Bench of the High
       Court has merely relied upon the decision of the High Court in the case
       of State of Andhra Pradesh, rep. by its Secretary, Education
 B     Department and Ors. Vs. Samiula Shareef and Ors., 2014 (1) ALT
       165 DB, butthe said judgment is clearly distinguishable on facts of the
       present case. That was a case where the allegations against the
       respondents were made much after the appointment and pursuant to an
       enquiry,their services were terminated and against which vacancies, the
       appointments were sought to be made by the unsuccessful candidates.
 C     It is submitted that in the present case, no appointment order was issued
       in respect of one post and therefore selection remained unfilled.
       Therefore, the Division Bench of the High Court has clearly erred in
       quashing and setting aside the well-reasoned judgment and order of the
       Tribunal by solely relying upon the decision in the case of Samiula
 D     Shareef (supra), which is not correct.
              3.7 It is further urged by Ms. Mohana, learned Senior Advocate
       appearing on behalf of the appellant that the appellant having crossed
       the age limit for appearing in any further examination, this Court may
       direct the respondents for considering his case as a one-time measure.
 E           4. Present appeal is vehemently opposed by Shri Mahfooz Ahsan
       Nazki, learned counsel appearing on behalf of the respondents. A detailed
       counter affidavit is also filed on behalf of the State.
             4.1 It is vehemently submitted by Shri Nazki, learned Counsel
       appearing on behalf of the State that, in the present case, the State has
 F     followed the detailed procedure providedunder Rule 8, which reads as
       under:-
             (i)      Under Rule 8 (a), a provisional list of vacancies is to be
                      notified and a venue is to be fixed for verification of
                      candidates;
 G
             (ii)     Thereafter, Rules 8(a) to 8(d) provide the procedure for
                      verification;
             (iii)    In terms of Rule 8(e), the provisional list is required to be
                      re-drawn in case any candidate is to found to be ineligible
                      in the process envisaged under Rules 8(a) to 8(d);
 H
VALLAMPATI SATHISH BABU v. THE STATE OF ANDHRA PRADESH 1087
                    [M. R. SHAH, J.]

       (iv)   Under Rule 8(f), a further verification is envisaged in respect   A
              of such candidates who may have been included as a result
              of revision of the provisional lists under Rules 8(a) to 8(e);
       (v)    Rule 8(g) envisages publication of a final selection list upon
              completion of the verification process.
                                                                                B
         4.2 It is submitted that in the present case, a provisional list was
notified on 01.12.2012. Thereafter verification of candidates took place.
Upon verification of the candidates, the provisional list was revised and
a revised provisional list was published on 12.12.2012.Subsequently,
pursuant to further verification, a final select list was drawn under Rule
8(g). It is submitted that in terms of Rule 8(g), once the final selection      C
list is published, there can be no waiting list.
        4.3 It is further submitted that in the instant case, after the final
selection list was published on 25.12.2012, one candidate, whose name
was mentioned in the final list failed to appear at the time of counselling.
It is submitted that his failure to appear for counselling was only after       D
the final selection list was published. That the respondents are bound by
Rule 8(g) in terms whereof, there can be no waiting list and thus, no
appointment order was issued in favour of the appellant.
        4.4 Relying upon the decision of this court in the case of Bihar
State Electricity Board Vs. Suresh Prasad &Ors., (2004) 2 SCC                   E
681, it is vehemently submitted by Shri Nazki, learned counsel appearing
on behalf of the respondents - State that as held by this Court in the
aforesaid decision where the Rules do not envisage drawing up of a
waiting list, no wait listed candidate could be appointed as a result of
non-joining of a selected candidate.                                            F
      4.5 Making the above submissions and relying upon the aforesaid
decision, it is prayed to dismiss the present appeal.
       5. Heard the learned counsel for the respective parties at length.
        6. The selection process was carried out by the respondents for         G
recruitment of teachers. 33 posts were notified and therefore the
recruitment process was started for the notified 33 vacancies. The merit
list/select list of 33 candidates was published. However, one of the
selected candidates did not appear for counselling and therefore, one
post remained vacant. The appellant herein being the next meritorious
                                                                                H
1088            SUPREME COURT REPORTS                           [2022] 2 S.C.R.


 A     candidate, being at Serial No. 34, is claiming the appointment to the post
       which remained unfilled due to one selected candidate, whodid not appear
       for counselling. The Tribunal allowed the said claim. However, the High
       Court by the impugned judgment and order has set aside the order passed
       by the Tribunal and has held thatconsidering the relevant statutory
       provisions and the Guidelines for the purpose of preparation of the select
 B
       list, the appellant shall not have any claim to the post, which remained
       unfilled, as there was no provision for the waiting list. Therefore, the
       short question, which is posed for the consideration of this Court is,
       whether, to the post which remained unfilled due to one selected candidate
       not appearing for counselling, the appellant is entitled to the appointment
 C     on the said post.
              7. While considering the aforesaid issue/question, the relevant
       statutory rule and the Guidelines are required to be referred to.
              7.1 Rule 16 of the Rules, 2012 is in respect of preparation of the
 D     select list. Sub-Rule(5) of Rule 16 of the Rules, 2012, which is relevant
       for the purpose of this case reads as under:-
             “(5) The number of candidates selected shall not be more than
             the number of vacancies notified. There shall be no waiting list
             and posts if any unfilled for any reason whatsoever shall be carried
 E           forward for future recruitment.”
              7.2 The Guidelines have been issued by the State Government for
       selection process including the preparation of selection list, conduct of
       counselling and issue of appointment and posting orders to the selected
       candidates under G.O. Ms. No. 91 dated 03.11.2012. Paragraph 8 of the
 F     said Guidelines is relevant for our purpose, which reads as under:-
             “8. Verification Of Certificates:
             a) The District Educational Officer shall prepare with the approval
             of the District Selection Committee a provisional list to the extent
             of vacancies notified, for each category of post notified in DSC –
 G           2012 on the basis of the merit list and publish the same on the
             notice boards of the offices of the District Collector and District
             Educational Officer and also on the designated website, along
             with the date, time and venue fixed for verification of certificates.
             The District Educational Officer shall also issue a press note in
             the local news papers for wide publicity in this regard.
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VALLAMPATI SATHISH BABU v. THE STATE OF ANDHRA PRADESH 1089
                    [M. R. SHAH, J.]

    b) As the processing of applications for DSC-2012 is made online         A
    so far, the process of verification of certificates of candidates
    included in provisional list may, in certain cases, also result in,
       i.     Failure of the candidate to attend for verification of
              certificates.
                                                                             B
       ii.    Failure of the candidate to produce the original
              certificate/s relevant to his/her eligibility and selection.
       iii.   Inclusion of a candidate in the provisional list of more
              than one category.
    c) As regards b(i) above, the District Educational Officer shall         C
    send a personal intimation to the address furnished by the candidate,
    to attend along with all relevant original certificates on the date
    fixed for the said purpose, as a final chance.
    d) In case the candidate fails to attend even on the date so fixed,
    he/she shall forfeit his/her right to be considered for selection.       D
    e) In the event of b(ii) & b(iii) and (d) above, the provisional list
    shall be redrawn by the District Selection Committee drawing
    next candidate/s from the merit list to the extent necessary,
    however, subject to the condition that the number of candidates
    included shall not be more than the number of vacancies notified         E
    for that particular category. In so far as the candidate covered by
    b(iii) above, this exercise shall be done only after obtaining the
    option of such candidate at the time of verification of certificates
    itself.
    f) The further verification of certificates, if any required as under    F
    (e) above shall be done, after due intimation to the candidates
    concerned, on the date fixed for the said purpose.
    g) After due completion of the above exercise the District Selection
    Committee shall prepare the final selection list of the candidates
    for all categories of the teachers. Once the final selection list is     G
    prepared, there shall be no waiting list and posts if any unfiled for
    any reason whatsoever shall be carried forward for future
    recruitment as per sub rule (5) of Rule 16 of the Andhra Pradesh
    Direct Recruitment for the posts of teachers (scheme of selection)
    Rules, 2012.”
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1090             SUPREME COURT REPORTS                            [2022] 2 S.C.R.


 A            7.3 On a fair reading of Rule 16 of the Rules, 2012 read with the
       Guidelines referred to hereinabove, once the final selection list is prepared,
       there shall be no waiting list and posts, if any, are unfilled for any reason
       whatsoever, shall be carried forward for future recruitment as per sub-
       Rule (5) of Rule 16 of the Rules, 2012.
 B             7.4 In the present case, the final selection list of 33 candidates
       was prepared. Thereafter all the selected candidates were called for
       counselling, but one of the candidates did not report for counselling.
       The aforesaid event took place after the final selection list was prepared
       and published. As there was no requirement of preparation of a waiting
       list, the appellant claiming to be the next in the merit cannot claim any
 C     appointment as his name neither figured in the list of the selected
       candidates nor in any waiting list as there was no provision at all for
       preparation of the waiting list. Sub-rule(5) of Rule 16 is very clear.
       Therefore, the post remained unfilled due to one of the candidates in
       the final list did not appear for counselling and/or accepted the
 D     employment. Hence, that post has to be carried forward for the next
       recruitment.
              7.5 The appellant could have claimed the appointment to the post
       whichremained unfilled provided there is a provision for waiting list as
       per the statutory provision. In absence of any specific provision for waiting
 E     list and on the contrary, there being a specific provision that there shall
       not be any waiting list and that the post remaining unfilled on any ground
       shall have to be carried forward for the next recruitment. The appellant
       herein, thus, had no right to claim any appointment to the post which
       remained unfilled.

 F             7.6 In the present case, the first provisional list was published on
       01.12.2012. Thereafter, a revised provisional list was published on
       12.12.2012 and subsequently a final selection list was published on
       25.12.2012 of 33 selected candidates and the candidate, who did not
       appear for counselling was one of the candidates in the final selection
       list dated 25.12.2012. Therefore, once there was no provision for waiting
 G     list, the post, which remained unfilled due to one of the candidates in the
       final selection list not appearing for counselling will have to be carried
       forward to the next recruitment as per sub-rule(5) of Rule 16.
             8. Now, the submission on behalf of the appellant that as per sub-
       rule(5) of Rule 16, all the 33 posts notified are required to be filled is
 H
VALLAMPATI SATHISH BABU v. THE STATE OF ANDHRA PRADESH 1091
                    [M. R. SHAH, J.]

concerned, the same has no substance. Sub-rule (5) of Rule 16 is required        A
to be read as a whole and in its entirety and the same is required to be
read alongwith the Guidelines issued. What is provided under sub-rule
(5) of Rule 16 is that the number of candidates selected shall not be
more than the number of vacancies notified. However, it further provides
that there shall be no waiting list and posts, if any, unfilled for any reason
                                                                                 B
whatsoever shall be carried forward for future recruitment.Therefore,
there shall not be any appointment of more than the number of
vacancies notifiedbut that does not mean to prepare and operate the
waiting list, which otherwise is specifically not provided for under the
Rules, 2012.
       8.1 An identical question came to be considered by this Court in          C
the case of Suresh Prasad and Ors. (supra). In the said decision, it is
specifically observed and held that even in case candidates selected for
appointment have not joined, in the absence of any statutory rules to the
contrary, the employer is not bound to offer the unfilled vacancy to the
candidates next below the said candidates in the merit list. It is also          D
further held that in the absence of any provision, the employer is not
bound to prepare a waiting list in addition to the panel of selected
candidates and to appoint the candidates from the waiting list in case the
candidates from the panel do not join.The aforesaid decision of this Court
has been subsequently followed by the Andhra Pradesh High Court in
the case of Samiula Shareef and Ors. (supra)                                     E

       9. Applying the law laid down by this Court in the case of Suresh
Prasad and Ors. (supra) to the facts of the case on hand and
considering the statutory provisions contained in Rule 16 of the Rules,
2012 read with the Guidelines, we are of the view that the appellant
cannot claim appointment on the unfilled vacancy being next below the            F
candidate in the merit list. If the submission on behalf of the appellant is
accepted, in that case, it will lead to providing for preparation of a waiting
list, which otherwise is not permissible as per sub-rule (5) of Rule 16. If
the same is permitted, in that case, it will be directing the respondents to
act contrary to the statutory provisions. Therefore, the High Court has          G
not committed any error in refusing to appoint the appellant to the post
which remained unfilled due to one of the selected candidates in the
final selection list not appearing for counselling. The impugned judgment
and order passed by the High Court is absolutely in consonance with the
relevant statutory provisions with which we agree.
                                                                                 H
1092              SUPREME COURT REPORTS                       [2022] 2 S.C.R.


 A            In view of the above discussion and for the reasons stated above,
       present appeal fails and the same deserves to be dismissed and is
       accordingly dismissed. However, in the facts and circumstances of the
       case, there shall be no order as to costs.


 B     Devika Gujral                                            Appeal dismissed.




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