N. MOHANAN versus STATE OF KERALA AND ORS.

N. MOHANAN versus STATE OF KERALA AND ORS.

Appointment by interim order does not create any right nor entitle the petitioner to regularisation; mere inclusion in the select panel is at best eligibility and does not confer an indefeasible right to appointment in the absence of specific rules. The High Court rightly held appointment could not be regularised after panel cancellation and fresh notification.

Parties
Petitioner: N. Mohanan; Respondent: State of Kerala and Ors.
Jurisdiction
India
Judgment Date
20 December 1996
Procedural Posture
Special Leave Petition (civil) / Appeal From Kerala High Court Judgment Dated 22.11.96 in O.p. No. 13328 of 1992
Outcome
Petition dismissed.
Legal Topics
Select List, Regularisation of Appointment, Recruitment by Transfer, Kerala Secretariat Subordinate Service Special Rules
Service Law Select List Regularisation of Appointment Recruitment by Transfer Kerala Secretariat Subordinate Service Special Rules

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Parties

N. Mohanan

Petitioner

State of Kerala and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Appeal From Kerala High Court Judgment Dated 22.11.96 in O.p. No. 13328 of 1992

Legal Issues

  1. 1 Does inclusion of a candidate's name in the select list confer a right to appointment?
  2. 2 Can an appointment made pursuant to an interim Court order be regularised despite the cancellation of the panel?

Ratio Decidendi

Appointment by interim order does not create any right nor entitle the petitioner to regularisation; mere inclusion in the select panel is at best eligibility and does not confer an indefeasible right to appointment in the absence of specific rules. The High Court rightly held appointment could not be regularised after panel cancellation and fresh notification.

Court Disposition

Petition dismissed.

Orders

  • Special leave petition is dismissed.