DIR. S.C.T.I. FOR MED. SCI & TECH. & ANR. versus M. PUSHKARAN

DIR. S.C.T.I. FOR MED. SCI & TECH. & ANR. versus M. PUSHKARAN

Although inclusion in select list does not automatically confer a legal right to appointment, where posts are vacant and no policy decision to abolish them was taken before the selectee's challenge, refusal to offer appointment was unjustified. Subsequent policy decision to abolish posts and contract out services was taken only after the selectee had sought relief. Hence, selectee should have been offered appointment.

Parties
Appellant: DIR. S.C.T.I. FOR MED. SCI & TECH.; Respondent: M. Pushkaran
Jurisdiction
India
Judgment Date
23 November 2007
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed.
Legal Topics
Appointment From Select List, Abolition of Posts, Contracting Out Services, Judicial Review
Service Law Appointment From Select List Abolition of Posts Contracting Out Services Judicial Review

Case Brief

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Parties

DIR. S.C.T.I. FOR MED. SCI & TECH.

Appellant

M. Pushkaran

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether inclusion in a select list confers a legal right to appointment
  2. 2 Whether the respondent should have been appointed when posts were vacant before policy decision to abolish them

Ratio Decidendi

Although inclusion in select list does not automatically confer a legal right to appointment, where posts are vacant and no policy decision to abolish them was taken before the selectee's challenge, refusal to offer appointment was unjustified. Subsequent policy decision to abolish posts and contract out services was taken only after the selectee had sought relief. Hence, selectee should have been offered appointment.

Court Disposition

Appeal dismissed.

Orders

  • No costs.