Mere inclusion in a recruitment select list does not confer a vested right to appointment. The State is not obligated to fill all notified vacancies if it demonstrates a bona fide, rational, and administrative decision to restrict recruitment based on changing operational requirements.

COMMON JUDGMENT

Since the issues that arise in the above writ appeals are integrally one and the same, the writ appeals are being disposed of by this Common Judgment.

2. These four writ appeals are preferred under Clause 15 of the Letters Patent, against the common order dated 04.10.2024 passed by the learned Single Judge in W.P.Nos.42734 & 45061 of 2017 and 18962 & 20048 of 2018. By the said order, the learned Single Judge allowed the writ petitions and directed the appellants Telangana State Power Generation Corporation Limited (TSGENCO) (hereinafter referred to as ‘Corporation’) to consider the candidature of the writ petitioners (respondents herein) for appointment to the post of Assistant Engineer (Electrical) against 42 unfilled notified posts from the selection process of the year 2015.

3. Heard Sri G.Vidya Sagar, learned Senior Counsel representing Smt. K.Udaya Sri, learned counsel for the appellants; Sri D.Prakash Reddy, learned Senior Counsel representing Sri K.G.Ravikanth, learned counsel for respondent Nos.1,2,7,8 and 9 in W.A.No.294 of 2025 and for respondent in W.A.No.334 of 2025 and Sri J.Sudheer, learned counsel for respondent in W.A.No.297 of 2025.

Factual Matrix (in brief)

4. The appellants–Corporation issued Notification No.02/CGM (Adm. IS & ERP), dated 23.09.2015, inviting applications for recruitment to 856 posts of Assistant Engineers in various disciplines, including Electrical, Mechanical, Electronics and Civil, keeping in view both the existing vacancies as well as anticipated requirements in upcoming projects such as KTPS-VII Stage, Bhadradri Thermal Power Station (BTPS), Yadadri Thermal Power Station (YTPS-A & YTPS-B), and the O&M Contract at Jaipur M/s.Singareni Collieries Company Limited (SCCL). The notification specifically stipulated, under the “Important Note” at Clause (3), that the notified vacancies were subject to variation depending upon necessity and were liable to be filled in accordance with the Rules and Regulations in force, duly following the rule of reservation.

5. The written examination pursuant to the said notification was conducted on 14.11.2015. Thereafter, candidates were shortlisted in the ratio of 1:1 based on merit, and upon verification of original certificates, 690 candidates were ultimately issued appointment orders on 17.02.2016.

6. It is further borne out from the record that, in the light of the judgment of the Hon’ble Supreme Court in Munja Praveen v. State of Telangana¹1 (2017) 14 SCC 797, as also the decision rendered in SLP (C) Nos.36057–36059 of 2016 concerning recruitment in power utilities, the appellants decided to fill up leftover vacancies by operating the merit list downward. Accordingly, further certificate verification was conducted during October, 2017, and a second phase of selection was undertaken, pursuant to which 73 candidates in the Electrical stream were issued appointment orders on 13.11.2017. Even after the said exercise, 42 posts of Assistant Engineer (Electrical), out of the total notified posts in that stream, remained unfilled.

7. The respondents herein, who were unsuccessful candidates in the said selection process, submitted representations seeking consideration for appointment against the said unfilled posts by further o