NEW DELHI: 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 plea seeking appointment as Trained Graduate Teacher (TGT) 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.
“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 long time period,” said Justice Chandra Dhari Singh.
“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.