Merit list doesn't guarantee appointment or remain enforceable indefinitely: Delhi HC

The Delhi High Court has held that a merit list does not give candidates the right to be appointed, and it cannot remain valid indefinitely for enforcement.

The ruling came from a bench of Justice Chandra Dhari Singh, while dismissing a petition by a woman who sought appointment as a Trained Graduate Teacher (TGT) of mathematics.
She argued that since she was the 3rd rank holder in the merit list published in 2017, she should be given the position after the first rank holder was disqualified and the second candidate showed no interest in the job.

The judge, however, said that although there is no explicit rule or law specifying the duration for which a merit list remains valid, it cannot be considered for such a prolonged period of time.

The bench stated that a merit list merely identifies selected candidates and does not guarantee their appointment or remain enforceable indefinitely.

The petitioner's claim that she has the right to be appointed based on her inclusion in the merit list was rejected by the court, which stated that inclusion in the list does not create a legal obligation for the authority to appoint the candidate. Since the merit list for the TGT (Maths) position was published over five years ago, the court deemed it inappropriate to review the list at such a late stage.

"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 concluded.