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1997 Supreme(SC) 1133

D.P.WADHWA, SUJATA V.MANOHAR
Surindersingh – Appellant
Versus
State Of Punjab – Respondent


Judgement Key Points

No, the judgment does not establish that a waitlist or merit list can be extended if delays in appointments are caused by factors beyond the candidates' control, such as a court-ordered stay. (!) (!)

Instead, it holds that a waiting list cannot be treated as a perennial or infinite source of recruitment for unadvertised vacancies, even if vacancies arise later or processes are delayed, as this would deprive eligible fresh candidates of opportunities and allow improper exercise of power. [1000024350011][1000024350012][1000024350013]

Candidates on a waiting list have no vested right to appointment beyond the limited circumstance where a selected candidate against an existing vacancy does not join while the list is still operative; once the list lapses (e.g., due to time passage), no claim arises for future vacancies. [1000024350007][1000024350012]

Even where court interventions (such as stays on judgments) delayed fresh selection processes and prevented new appointments, this did not justify extending or reviving the original list for regularization; ad hoc arrangements were permitted temporarily, but appellants from the original process (outside advertised posts) had no equity or right to claim regularization over fresh selections. [1000024350008][1000024350014][1000024350015]

Appointments must strictly adhere to advertised vacancies unless rare exceptional circumstances or emergent situations exist with a clear policy decision tested for reasonableness; no such circumstances were found here despite intervening vacancies and process delays. [1000024350013][1000024350014]

The Supreme Court upheld the High Court's quashing of excess appointments, dismissed appeals seeking reinstatement or regularization, vacated interim orders, and declined to interfere with ongoing fresh recruitments. [1000024350014][1000024350015] (!) (!)


JUDGMENT

D.P. Wadhwa, J.-Leave granted.

There are four appeals.

2. Two appeals arising out of SLP No. 23952/96 and SLP No. 5570/97 are against the judgment dated September 28, 1994 of the Punjab and Haryana High Court in a batch of writ petitions Nos. 5985/94, 12105/94 and others. By the impugned judgment, the High Court had cancelled the appointment of 7737 candidates for the posts of different categories of teachers which was over and above 2461 such posts which had been advertised for being filled up. While SLP No. 23952/96 is barred by limitation of 673 days, SLP No. 5570/97 is barred by 756 days. As we will presently see, there is no sufficient cause to condone the delay and rather the appellants have acted as opportunists in coming to this Court.

3. Two more appeals arising out of SLP No. 11939/97 and SLP No. 562/97 are against two other judgments of the Punjab and Haryana High Court in different writ petitions but challenge again is in effect against the judgment dated September 28, 1994 of the High Court mentioned above. These two SLPs are though within the period of limitation.

4. The State advertised on August 19, 1992 for filling up of 2461 vacancies of teachers but between t





















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