‘Fallout’ vacancies: Telangana HC orders Govt to fill 1,800 posts from existing merit lists in TREI recruitment

As per the standard practice of joining only a single post, a substantial number of fallout vacancies were created. The TREI-RB, citing two government orders (G.O.Ms.No.81 and G.O.Ms.No.544), chose to carry these vacancies forward to the next recruitment year without preparing a waiting list for fallout vacancies. This decision left hundreds of eligible candidates who had made it onto the merit list without jobs.

‘Against principles of public employment’

The petitioners argued that this interpretation was arbitrary and against the principles of public employment, contending that it would lead to a large number of posts remaining vacant unnecessarily. The TREI-RB, represented by the government pleader, defended its position, stating that the government orders explicitly mandated the carry-forward policy and that it was simply following established government rules. The counsel further argued that the TREI-RB had to publish results expeditiously to prevent agitation and could not compel candidates to relinquish their additional selections.

After meticulously analysing the arguments and the relevant legal framework, Justice Rajeshwar Rao sided with the petitioners. The court concluded that a strict, literal application of the government order in a multiple-selection context was unreasonable and contradicted the core purpose of filling public service vacancies.

“…this Court is of the considered view that in the present case also the authorities can prepare merit downwards list for non-filling of vacancies. No material is placed on record to prove that the respondent No.3 issued another Notification to carry forward the fallout vacancies. Had they issued such a Notification, the case of the petitioners would have been otherwise,” Justice Rao stated.

The court found the TREI-RB’s action of carrying over the vacancies lacked justification, noting, “As such, the contention of the respondent No.3 with regard to the above G.O. does not hold water.”

Justice Rao ordered the authorities “to consider the case of the petitioners by duly operating the Merit List downwards and fill up all the fallout vacancies pertaining to Notifications No.1 to 5 and 9 of 2023, dated 05.04.2023 without carry forwarding the same to the next Notification”.

The court has given a strict deadline for compliance. “The said exercise shall be completed within a period of six months from the date of receipt of a copy of this Order,” it said.