STATE OF ORISSA & ANR. versus RAJKISHORE NANDA & ORS.

STATE OF ORISSA & ANR. versus RAJKISHORE NANDA & ORS.

Filling up vacancies beyond the notified vacancies is not permissible in law. Inclusion of a candidate's name in a select list does not confer any indefeasible right to appointment. Once the selection process for notified vacancies has ended and the lawful appointments made, no further appointments can be granted from the select list. Courts and tribunals are not competent to direct the State to fill up vacancies or initiate selection processes for future vacancies beyond those properly notified and recruited under statutory rules.

Parties
Appellant: State of Orissa; Respondent: Rajkishore Nanda & Ors.
Jurisdiction
India
Judgment Date
03 June 2010
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal allowed; orders of Tribunal and High Court set aside.
Legal Topics
Recruitment, Select List, Appointment, Statutory Rules, Constitutional Mandate
Service Law Recruitment Select List Appointment Statutory Rules Constitutional Mandate

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Parties

State of Orissa

Appellant

Rajkishore Nanda & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether candidates in the select list who were not appointed have a right to appointment
  2. 2 Whether vacancies beyond those notified can be filled from the select list
  3. 3 Validity and use of select list for future appointments

Ratio Decidendi

Filling up vacancies beyond the notified vacancies is not permissible in law. Inclusion of a candidate's name in a select list does not confer any indefeasible right to appointment. Once the selection process for notified vacancies has ended and the lawful appointments made, no further appointments can be granted from the select list. Courts and tribunals are not competent to direct the State to fill up vacancies or initiate selection processes for future vacancies beyond those properly notified and recruited under statutory rules.

Court Disposition

Appeal allowed; orders of Tribunal and High Court set aside.

Orders

  • Judgment and order of the Tribunal dated 7.4.2000 and the High Court dated 26.10.2005 are set aside.
  • No order as to costs.