TMI Blog2006 (10) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of panel or vacancies likely to occur in the near future. Such a provision has been kept so that government can obtain the services of better qualified persons if they become available in due course of time. It has however been observed that these instructions of the Government of India are not even followed by all the Departments of this Administration while preparing panel for direct recruitment as well as for promotion. It is, therefore, brought to the notice of all the Departments that in future panel for promotion as well as for direct recruitment against various categories of posts should be prepared strictly in accordance with the instructions of the Govt. of India issued from time to time. 3. Three vacancies for the post of Pharmacist were notified in the year 1999. Applications were invited from the eligible candidates. In the advertisement issued therefor, it was categorically stated: EMPLOYMENT NEWS Applications are invited from the eligible local candidates for the post of Pharmacist Under the A N Health Department, Port Blair a) No. of vacancies :- 3 (three) The 1st Respondent together with others, pursuant to or in furtherance of the said advertisement filed ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per the rules. In the facts and circumstances of the case; the impugned order of cancellation issued by the respondents dated 7.12.1999 cannot be held to be arbitrary, illegal or against the rules which justifies any interference in the matter. The said order came to be questioned before the Calcutta High Court. A Division Bench of the said Court dismissed the said writ petition, stating: Our attention was not drawn to any statutory or otherwise rules authorizing the authority concerned to keep the panel alive after supplying the notified vacancies. That being the position, it is well settled in law that the panel stood lapsed the moment notified vacancies had been filled up. 4. A review application was filed by the 1st Respondent and by reason of the impugned judgment, the same was allowed by another Division Bench of the said Court, stating: Having regard to the unusual nature of the case, we have devoted considerable time to the submissions made on behalf of the parties, both in support of the application and against it, and we are convinced that the order of the Division Bench sought to be reviewed suffers from errors apparent on the face of the record. We are of the view tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to be appointed, could not have embarked upon the question as regards likelihood of future vacancy. 7. The Review Bench of the High Court posed unto itself a wrong question. It did not say how an error apparent on the face of the record had been committed. It did not assign sufficient or cogent reason to hold as to how the Original Application before the Tribunal would have been maintainable if the petitioners had no existing legal right. The 1st Respondent did not have any legal right to be appointed. He filed an application pursuant to the said advertisement. It is not his case that his application had not been considered. He did not raise any plea of unfair treatment. No malafide was also alleged. 8. Life of a panel, as is well known, must be for a limited period. It is governed by the statutory rules. From the circular letter dated 26.6.1992 it is evident that ordinarily the life of the panel should be for one year. What had been indicated therein was that the panel prepared for recruitment should not be unduly inflated. Vacancies should ordinarily be notified keeping in view the immediate future need. It has categorically been stated that only upto a maximum of 10 additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This contention will stand accepted to the extent indicated hereinabove. 10. In State of U.P. and Ors. v. Harish Chandra and Ors. (1996)IILLJ627SC , it was opined: Coming to the merits of the matter, in view of the Statutory Rules contained in the Rule 26 of the Recruitment Rules the conclusion is irresistible that a select list prepared under the Recruitment Rules has its life only for one year from the date of the preparation of the list and it expires thereafter. Rule 26 is extracted hereinbelow in extenso: 26. Appointment by appointing authority.- The select list referred to in Sub-rules (6) and (7) of Rule 23 shall be forwarded by the Selection Committee to the appointing authority mentioning the aggregate marks obtained at the selection by each candidates. The name of general and reserve candidates shall be arranged by the appointing authority in a common list according to the merit of the candidates and the appointment shall be offered in the order in which the names are arranged in the list shall hold good for a period of one year from the date of selection. Notwithstanding the aforesaid Statutory Rule and without applying the mind to the aforesaid Rule the High Court rely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven effect to. The review of the High Court was not only contrary to the circular letter issued by Union of India, but also contrary to the general principles of law. The life of a panel ordinarily is one year. The same can be extended only by the State and that too if the statutory rule permits it to do it. The High Court ordinarily would not extend the life of a panel. Once a panel stands exhausted upon filling up of all the posts, the question of enforcing a future panel would not arise. It was for the State to accept the said recommendations of the Selection Committee or reject the same. As has been noticed hereinbefore, all notified vacancies as also the vacancy which arose in 2000 had also been filled up. As the future vacancy had already been filled up in the year 2000, the question of referring back to the panel prepared in the year 1999 did not arise. The impugned judgment, therefore, cannot be sustained. 13. Coming now to the plea of learned Counsel that Respondent No. 1 has been appointed in August, 2005, in our opinion, is not of much significance. If he has been appointed pursuant to the order of the High Court, the same invariably would be subject to the result of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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