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Recruitment from the waiting list– In absence of any statutory provision
one year can be considered as reasonable period for validly of a waiting
list–
Failed to show any statement or undertaking that the Bank authorities
assured the writ petitioners that they would be appointed since their names
are in the waiting list. Mere advertisement is not a promise to appoint.
The same is an invitation to fairly complete with all similarly situated
persons who think that fulfill particular eligibility criteria. The
doctrine does not give scope to claim relief straightway from the
appointing authority as no crystallized right as such is involved.
In absence of any statutory provision one year can be considered as
reasonable period for validly of a waiting list.
It is settled principle that a mandamus may issue to compel the authorities
to do something, it must be shown that the statute imposes a legal
authority and the aggrieved party had a legal right under the statute or
rule to enforce it. This classical position continues and a mandamus could
not be issued in favour of the writ petitioners directing the Banks to
appoint the writ petitioners since they failed to establish that they have
acquired an enforceable legal right to be appointed in the Banks since
their names were empanelled and that the Banks have legal duty to appoint
them. We find substance in the appeals, all the appeals are allowed.
…Rupali Bank Ltd., Dhaka =VS= Shahrier Perves(Md.), (Civil), 2019 (2) [7
LM (AD) 166] ....View Full Judgment
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