Facts
The respondents issued Advertisement No. 02/2021 for the post of TGT (Hindi) Male (Post Code 34/21).
Source reference: para 2The applicant, applying under the EWS category, secured 101.52 marks in the written examination.
Source reference: para 2While this was above the 81.82 cut-off prescribed for "uploading e-dossiers," the final result was declared on 02.08.2022, making the select panel valid until 01.08.2023.
Source reference: para 2, 4.g, 5.2Due to a dispute regarding EWS certificates issued after the cut-off date, a High-Powered Committee recommended the cancellation of several appointments on 05.02.2024, resulting in 5-8 vacancies in the EWS category.
Source reference: para 2.1, 4.i, 4.kThe applicant sought appointment against these vacancies, claiming he was next in the select list.
Source reference: para 2.2The respondents contended that the last candidate nominated from the reserve panel scored 103.54, higher than the applicant, and that the panel had already expired by the time the new vacancies arose.
Source reference: para 5.1, 5.5Issues
1. Whether the applicant has any enforceable right to seek appointment merely on the basis of having secured marks above the cut-off for uploading of e-dossiers?
Source reference: para 9(i)2. Whether the vacancies arising in the EWS category after the expiry of the select/waiting panel can be directed to be filled from the said panel?
Source reference: para 9(ii)Law Applied
Services Department, GNCTD Circular dated 02.08.2021, which stipulates that a reserve panel is valid for only one year from the date of result declaration and cannot be used to fill vacancies arising after its expiry.
Source reference: para 6.3, 12The legal principle established in Rajasthan Public Service Commission v. Yati Jain Ors. (2026 INSC 64), holding that a waiting list cannot be operated beyond its validity period or used to fill future vacancies.
Source reference: para 17Mere inclusion in a shortlist for document verification does not confer an indefeasible right to appointment.
Source reference: para 11Reasoning
The Tribunal found that the applicant’s score of 101.52 was lower than the 103.54 scored by the last candidate nominated from the reserve panel, placing the applicant outside the zone of consideration for existing vacancies.
Source reference: para 10, 18The list cited by the applicant was merely a provisional list for "uploading e-dossiers" and did not constitute a final select list.
Source reference: para 11, 5.3Regarding the vacancies created by the cancellation of ineligible EWS candidates in February 2024, the Tribunal reasoned that these vacancies arose well after the select panel had expired on 01.08.2023.
Source reference: para 12, 14Following the GNCTD's waiting panel policy and Supreme Court precedents, the Tribunal held that an expired panel cannot be a "perennial source of appointment" and cannot be revived to fill vacancies that occur after its lapse.
Source reference: para 12, 14, 17Holding
The Tribunal answered both issues in the negative, holding that the applicant had no vested right to appointment as he was lower in merit and the select panel had legally expired.
The Original Application was dismissed, and all pending miscellaneous applications were disposed of accordingly.
Source reference: para 20, 22Original Court PDF
Pardeep KumarvsGNCTD
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in