Merit list confers no right of appointment, can't stay alive indefinitely: Delhi HC

A merit list does not confer on candidates a right to be appointed and it cannot stay alive for an indefinite period of time for enforcement, the Delhi High Court has said.

The court’s observation came while dismissing a petition by a woman seeking appointment as Trained Graduate Teacher (TGT) of mathematics in a school here on the ground that being the 3rd rank holder in the merit list published in 2017, she should be given the post after the first rank holder was disqualified and the second candidate showed no interest in the job.

”Although there exists no explicit rule or law which prescribes a fixed period or duration for which the merit list remains valid, the merit list cannot be kept alive for consideration for such a significantly long time period,” said Justice Chandra Dhari Singh in a recent order.

”This Court … is of the view that a merit list only enlists the selected candidates but does not confer any right for appointment upon the selected candidates and the merit list cannot stay alive for an indefinite period of time for enforcement,” the court said.

The petitioner, who had approached the court in 2018, submitted that one post of TGT (Maths) was vacant at the school and she has the right to be appointed.

The court said a candidate does not have a vested right to the post merely on the ground that her name is reflected in the merit list and therefore, it would not create a legal duty upon the authority to appoint such candidate.

Considering that the merit list was published for the post of TGT (Maths) more than 5 years ago, it said, ”It will be highly improper for this court to review the said merit list” at such a ”belated stage”.

It said there has to be certain reasonable duration during which the merit list can be considered by the court to grant relief.

”This Court is also of the view that the petitioner has failed to make out her case for issuance of the writ of Mandamus directing the respondents to appoint her to the post of TGT Maths at the respondent school. Accordingly, the instant petition being devoid of any merit, stands dismissed,” it said in the order.