STATE OF A.P. AND ORS. versus D. DASTAGIRI AND ORS.

STATE OF A.P. AND ORS. versus D. DASTAGIRI AND ORS.

Even if the selection process is complete and only the select list remains to be published, candidates do not acquire a vested right to appointment based on such select list. State Government has the authority to take policy decisions (e.g., imposition of prohibition) which may affect or cancel recruitment processes. Mere submission by Government Pleader does not confer a right to appointment. In absence of selection and publication of select list, no enforceable right accrues to candidates.

Parties
Appellant: State of Andhra Pradesh; Respondent: D. Dastagiri; Respondent: R. Santhan Krishnan; Respondent: D. Mahesh Babu
Jurisdiction
India
Judgment Date
23 April 2003
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeals allowed; impugned orders set aside
Legal Topics
Appointment to Government Posts, Right to Appointment, Policy Decision and Recruitment Cancellation
Service Law Appointment to Government Posts Right to Appointment Policy Decision and Recruitment Cancellation

Case Brief

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Parties

State of Andhra Pradesh

Appellant

D. Dastagiri

Respondent

R. Santhan Krishnan

Respondent

D. Mahesh Babu

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether candidates have a vested right to appointment after completion of selection process but before publication of select list
  2. 2 Whether State Government can cancel recruitment based on a policy decision
  3. 3 Whether submission by Government Pleader creates a right for candidates

Ratio Decidendi

Even if the selection process is complete and only the select list remains to be published, candidates do not acquire a vested right to appointment based on such select list. State Government has the authority to take policy decisions (e.g., imposition of prohibition) which may affect or cancel recruitment processes. Mere submission by Government Pleader does not confer a right to appointment. In absence of selection and publication of select list, no enforceable right accrues to candidates.

Court Disposition

appeals allowed; impugned orders set aside

Orders

  • Impugned orders of High Court set aside
  • Respondents may apply for regular recruitment to Excise Constables in future selections; age-bar will not apply to them but other eligibility conditions must be satisfied