`Person`s name in merit gives no right over post`
The Central Administrative Tribunal has held that mere appearance of a person`s name in the merit list does not confer the candidate any right over a post.
New Delhi: The Central Administrative
Tribunal has held that mere appearance of a person`s name in
the merit list does not confer the candidate any right over a
"Mere inclusion of name in the result notice does not
confer any right upon the candidate over the post. While every
care has been taken in preparing the result, DSSSB reserves
the right to rectify errors and omission if any," the Tribunal
comprising members Shailendra Pandey and Meera Chhibber said.
It passed the order on a petition by Subodh Gahlot
seeking claim on the post of Assistant Superintendent in the
office of the Director General of Prisons.
Gahlot had contended that he and another candidate got
equal marks in the examination but he was not selected by the
Delhi Subordinate Services Selection Board (DSSSB) for the
post despite that fact that he was senior in age.
The DSSSB had rectified the merit list, after it
claimed that it had "inadvertently" not taken into account the
age of candidates, but did not select the petitioner for the
post, saying Gahlot was found junior to another candidate,
following which he approached the Tribunal.
The Tribunal said that the senior-most person from
among the candidates who had secured equal marks had correctly
been nominated for the post.
"In view of above, no relief can be given to the
applicant in the given circumstances," it said.
The Tribunal further said that the candidate`s final
selection would be subjected to fulfilment of all other tests
and production of original documents.