K. JAYAMOHAN versus STATE OF KERALA AND ANR.

K. JAYAMOHAN versus STATE OF KERALA AND ANR.

Inclusion in the select list does not confer an absolute right to appointment, even if vacancies exist; the Government has discretion in making appointments and the appellant's claim fails because the advertisement was only for two posts and he lacked the requisite qualifications per amended rules.

Parties
Appellant: K. Jayamohan; Respondent: State of Kerala; Respondent: Kerala Public Service Commission
Jurisdiction
India
Judgment Date
25 April 1997
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Kerala High Court in Writ Appeal No. 997 of 1996
Outcome
appeal dismissed
Legal Topics
Appointment to Public Posts, Select List and Appointment, Waiting List, Articles 14 and 16 of the Constitution
Service Law Constitutional Law Appointment to Public Posts Select List and Appointment Waiting List Articles 14 and 16 of the Constitution

Case Brief

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Parties

K. Jayamohan

Appellant

State of Kerala

Respondent

Kerala Public Service Commission

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Kerala High Court in Writ Appeal No. 997 of 1996

Legal Issues

  1. 1 Whether inclusion in the select list confers an absolute right to appointment
  2. 2 Whether denial of appointment violates Articles 14 and 16(1) of the Constitution

Ratio Decidendi

Inclusion in the select list does not confer an absolute right to appointment, even if vacancies exist; the Government has discretion in making appointments and the appellant's claim fails because the advertisement was only for two posts and he lacked the requisite qualifications per amended rules.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • No costs.