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1991 Supreme(SC) 265

B.C.RAY, J.S.VERMA, K.JAGANNATHA SHETTY, L.M.SHARMA, M.N.VENKATACHALIAH
Shankarsan Dash – Appellant
Versus
Union Of India – Respondent


Judgement Key Points

Yes, this is a landmark Constitution Bench ruling (5 Judges) that directly addresses the issue. (!)

The Court held that inclusion of a candidate's name in the merit list prepared on the basis of a competitive examination does not confer an indefeasible right to appointment as a Government servant, even if vacancies exist. (!) [1000230010006]

Key principles established:

  • Successful candidates do not acquire an indefeasible right to appointment merely because vacancies were notified, candidates were found fit, and they are available. A recruitment notification is ordinarily an invitation to qualified candidates to apply, and selection does not create a right to the post.[1000230010006]

  • The State is under no legal duty to fill all (or any) notified vacancies unless required by relevant recruitment rules.[1000230010006][1000230010008]

  • However, the State cannot act arbitrarily; any decision not to fill vacancies must be bona fide and supported by appropriate reasons.[1000230010006][1000230010009]

  • If vacancies are filled, the State must respect candidates' comparative merit from the recruitment test, without discrimination.[1000230010006]

This position was clarified after examining the recruitment process, relevant rules/regulations (which impose no mandatory duty to fill all vacancies), and facts showing the selection process was closed bona fide.[1000230010004][1000230010008][1000230010009]


JUDGMENT


SHARMA, J.:—This appeal was earlier heard by a Division Bench and was referred to a Constitution Bench for examining the question whether a candidate whose name appears in the merit list on the basis of a competitive examination acquires indefeasible right of appointment as a Government servant if a vacancy exists. Reference was made to the decisions in State of Haryana v. Subhash Chander Marwaha, (1974) 1 SCR 165, Miss Neelima Shangla v. State of Haryana, (1986) 4 SCC 268: and Jitendra Kumar v. State of Punjab, (1985) 1 SCR 899.

2. The appellant was selected in the combined Civil Services Examination held by the Union Public Service Commission for appointment to several services including the Indian Police Service (in short the IPS) and the Police Services Group B. The examination had been held in October, 1977 and the result was announced in May, 1978. A combined merit list for the IPS and the Police Services Group B was announced which included the name of the appellant. Out of the total number of 70 vacancies in the IPS announced to be filled up, 54 were of general category and the remaining 16 reserved for Scheduled Castes/ Scheduled Tribes candidates. The position of













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