SHANKARSAN DASH versus UNION OF INDIA

SHANKARSAN DASH versus UNION OF INDIA

Candidates included in a merit list do not acquire an indefeasible right to appointment unless recruitment rules so indicate. The State is not legally bound to fill up all vacancies and can close the selection process for bona fide reasons, provided it does not act arbitrarily or discriminatorily. The authorities' different treatment of reserved and general category vacancies was justified by special circumstances and did not amount to arbitrariness or discrimination.

Parties
Appellant: Shankarsan Dash; Respondent: Union of India
Jurisdiction
India
Judgment Date
30 April 1991
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (dismissal of Writ Petition in Limine)
Outcome
Appeal dismissed
Legal Topics
Recruitment by Competitive Examination, Right to Appointment, Arbitrariness in Filling Vacancies, Policy for General and Reserved Categories
Civil Services Administrative Law Recruitment by Competitive Examination Right to Appointment Arbitrariness in Filling Vacancies Policy for General and Reserved Categories

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Parties

Shankarsan Dash

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (dismissal of Writ Petition in Limine)

Legal Issues

  1. 1 Whether a candidate included in the merit list acquires an indefeasible right of appointment
  2. 2 Whether adoption of different policy for general and reserved categories in filling vacancies is arbitrary and discriminatory

Ratio Decidendi

Candidates included in a merit list do not acquire an indefeasible right to appointment unless recruitment rules so indicate. The State is not legally bound to fill up all vacancies and can close the selection process for bona fide reasons, provided it does not act arbitrarily or discriminatorily. The authorities' different treatment of reserved and general category vacancies was justified by special circumstances and did not amount to arbitrariness or discrimination.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs