GAGANDEEP SINGH versus THE STATE OF PUNJAB & ORS.

GAGANDEEP SINGH versus THE STATE OF PUNJAB & ORS.

The reserved vacancy for Balmiki/Majbhi Sikh that arose on resignation must be filled by the next available candidate from the merit list, as per departmental instructions, there is legitimate expectation to be considered for appointment if select list is valid. If No.2 is not interested, the appellant should be appointed.

Parties
Appellant: Gagandeep Singh; Respondents: The State of Punjab & Ors.
Jurisdiction
India
Judgment Date
27 November 2018
Procedural Posture
Civil Appeal / Final Disposal
Outcome
Appeal disposed of
Legal Topics
Appointment Against Reserved Vacancy, Select List, Legitimate Expectation
Service Law Appointment Against Reserved Vacancy Select List Legitimate Expectation

Case Brief

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Parties

Gagandeep Singh

Appellant

The State of Punjab & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposal

Legal Issues

  1. 1 Whether the vacancy created by resignation of candidate appointed against reserved category should be filled from select list as per departmental instructions
  2. 2 Whether the reserved slot is to be filled by next available candidate from the same community when select list is valid

Ratio Decidendi

The reserved vacancy for Balmiki/Majbhi Sikh that arose on resignation must be filled by the next available candidate from the merit list, as per departmental instructions, there is legitimate expectation to be considered for appointment if select list is valid. If No.2 is not interested, the appellant should be appointed.

Court Disposition

Appeal disposed of

Orders

  • Respondents directed to make appointment in respect of Valmiki/Majbhi Sikh from the merit list published on 20.06.2012.
  • Needful be done within a period of two months.