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2013 Supreme(SC) 121

P.SATHASIVAM, JAGDISH SINGH KHEHAR
State of J&K – Appellant
Versus
Sat Pal – Respondent


Judgement Key Points

Yes, the provided summary accurately captures the Supreme Court's key holdings and reasoning in this judgment.

The Court held that a candidate whose name appears in the merit/select list (including the waiting list portion) is entitled to consideration for appointment against a vacancy that arose during the validity period of the list—specifically, a vacancy created by a higher-ranked candidate (like Trilok Nath) declining an offer of appointment made on 22.4.2008, when the waiting list was acknowledged to be valid until May 2008.[1000524110002][1000524110009][1000524110010][1000524110011]

The Court rejected the State's rejection rationale (that the waiting list had "outlived its validity" by the time of later processing), emphasizing that the waiting list operates from the point when offers are issued to top merit candidates, with the relevant date being the arising of the vacancy (not the date of representation, processing, or formal filling).[1000524110005][1000524110010][1000524110011] (!) (!)

The Court endorsed the view (originally from the High Court's contempt order) that the authority failed in its duty to fill the vacancy from the waiting list during its validity, and thus "the fault is committed by the authority and the petitioner cannot be penalized for the same," warranting relief despite delays caused by the State. (!) [1000524110008][1000524110013][1000524110016]

Ultimately, invoking Article 142 for complete justice, the Court directed the respondent's appointment against the vacancy (with relate-back seniority but prospective wages), criticizing the State's adversarial and dilatory conduct.[1000524110015][1000524110016][1000524110017] (!)


Judgment :-

Jagdish Singh Khehar, J.

1. Leave granted.

2. The Public Works Department of the State of Jammu & Kashmir conducted a process of selection, for recruitment against the posts of Junior Engineer (Civil) Grade-II. Sat Pal, the respondent herein participated in the aforesaid process of selection. He was successful, inasmuch as, he figured in the final merit/select list of scheduled caste candidates, prepared at the culmination of the selection process. Having learnt that some scheduled cast candidates above him in the merit/select list had not joined inspite of having been offered appointment, Sat Pal addressed a representation to the appellants seeking appointment against an available vacancy. In his representation, he mentioned the name of Trilok Nath as one of the selected candidates, who had been offered appointment, but had not joined. In his representation, he also pointed out, that in the merit/select list pertaining for scheduled caste candidates, his name figured immediately after the name of the said Trilok Nath.

3. Since the representation filed by the respondent remained undecided, he approached the High Court of Jammu & Kashmir at Jammu (hereinafter referred to as,

























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