GOVERNMENT OF ORISSA versus SHRI HARAPRASAD DAS AND ORS.

GOVERNMENT OF ORISSA versus SHRI HARAPRASAD DAS AND ORS.

Selection list drawn for direct recruitment is valid for one year from date of drawing (13.7.1993); after expiry, the government is justified in not making appointments from it. The Tribunal's direction to appoint candidates from an expired list was illegal and beyond jurisdiction. Inclusion in a selection list does not confer a right to appointment unless government action is shown to be arbitrary.

Parties
Appellant: Government of Orissa; Respondents: Shri Haraprasad Das and Others
Jurisdiction
India
Judgment Date
24 November 1997
Procedural Posture
Civil Appeal / Appeal From Orissa Administrative Tribunal Decision
Outcome
Appeal allowed; Tribunal order quashed and set aside
Legal Topics
Recruitment Process, Selection List Validity, Appointment From Selection List, Direct Recruitment, Role of Appointment and Promotion Committee
Service Law Recruitment Process Selection List Validity Appointment From Selection List Direct Recruitment Role of Appointment and Promotion Committee

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Parties

Government of Orissa

Appellant

Shri Haraprasad Das and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Orissa Administrative Tribunal Decision

Legal Issues

  1. 1 Does inclusion in a selection list confer a right to appointment?
  2. 2 Was the selection list valid at the time the appointments were sought?
  3. 3 Was the Tribunal correct in directing the government to appoint candidates from an expired selection list?

Ratio Decidendi

Selection list drawn for direct recruitment is valid for one year from date of drawing (13.7.1993); after expiry, the government is justified in not making appointments from it. The Tribunal's direction to appoint candidates from an expired list was illegal and beyond jurisdiction. Inclusion in a selection list does not confer a right to appointment unless government action is shown to be arbitrary.

Court Disposition

Appeal allowed; Tribunal order quashed and set aside

Orders

  • The order of the Orissa Administrative Tribunal is quashed and set aside
  • No order as to costs