Shabihul Hasnain, J.;- Delay in filing the appeal is condoned. Heard learned counsel for the petitioner Sri Raj Kumar Mishra and Sri Jyotinjay Verma for the opposite party No.2. 2. This special appeal has been filed challenging the order passed by leaned Single Judge dated 23rd December, 2009, by means of which the appellant's prayer that on the termination of services of one Smt. Shamim Bano, she being at serial No.1 of the waiting list ought to have been given appointment, has been rejected. 3. Smt. Shamim Bano had also filed a writ petition challenging her termination and both the petitions were decided by a common order. Since this appeal has been filed by Smt. Seema Srivastav, we confine ourselves to the merits of her claim without prejudice to the rights of Smt. Shamim Bano to challenge the aforesaid order. 4. Smt. Shamim Bano was selected and recommended for the post of Shiksha Mitra in Primary School Utraula on 22nd January, 2005. While she was working, as such, on the basis of the order dated 18th October, 2007 she was removed from service on 6th December, 2007, allegedly on the ground that her domicile certificate was cancelled. 5. The appellant, therefore, claims that when vacancy occurred she being at serial NO.1 of the waiting list of the same selection year, she should have been given appointment. 6. Waiting list in any selection would be treated to be alive in case the candidates selected in order of merit did not join the post and the post remains vacant but once the appointee joins the post and, thereafter his/her services are terminated or he/she resigns after such joining the vacancy so caused, can not be filled in from the waiting list prepared in the selection. Once the selectee joins the post, the select list stands exhausted, and if thereafter, such appointee, for some reason or the other, does not continue on the said post, the vacancy so caused, will be a fresh vacancy ,for filling of which, fresh selection will have to take place. 7. In the instant case, Smt. Shamim Bano on the basis of selection made joined the post but after working for about two years or so her appointment was terminated. That being so the vacancy so occurred, can not be filled from any candidate of the waiting list prepared during the selection. 8. 7. In the instant case, Smt. Shamim Bano on the basis of selection made joined the post but after working for about two years or so her appointment was terminated. That being so the vacancy so occurred, can not be filled from any candidate of the waiting list prepared during the selection. 8. The appellant thus, has no right to claim appointment on the said post, on the basis of her name being in the waiting list. 9. Special Appeal is dismissed with aforesaid observation.