STATE OF PUNJAB versus RAGHBIR CHAND SHARMA AND ANR.

STATE OF PUNJAB versus RAGHBIR CHAND SHARMA AND ANR.

The select panel prepared for a single post ceases to exist once the first candidate is appointed. Subsequent vacancies arising on account of resignation or declination do not grant any right to the remaining empanelled candidates for appointment, especially when the relevant government circular pertains only to panels created by the Public Service Commission and has no application here.

Parties
Appellant: State of Punjab; Respondent No. 1: Raghbir Chand Sharma; Respondent No. 2: Baldev Singh
Jurisdiction
India
Judgment Date
30 October 2001
Procedural Posture
Civil Appeal / Appeal From Division Bench Order of High Court
Outcome
Appeal allowed
Legal Topics
Appointment to Public Posts, Select Panel Validity, Seniority Cum Merit
Service Law Appointment to Public Posts Select Panel Validity Seniority Cum Merit

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Parties

State of Punjab

Appellant

Raghbir Chand Sharma

Respondent No. 1

Baldev Singh

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Division Bench Order of High Court

Legal Issues

  1. 1 Whether mere inclusion in a select panel confers any right to appointment after original vacancy is filled
  2. 2 Applicability of government circulars concerning select panels to appointments outside Public Service Commission

Ratio Decidendi

The select panel prepared for a single post ceases to exist once the first candidate is appointed. Subsequent vacancies arising on account of resignation or declination do not grant any right to the remaining empanelled candidates for appointment, especially when the relevant government circular pertains only to panels created by the Public Service Commission and has no application here.

Court Disposition

Appeal allowed

Orders

  • Writ petition filed by first respondent in the High Court dismissed
  • No costs