SRI SANJOY BHATTACHARJEE versus UNION OF INDIA AND ORS.

SRI SANJOY BHATTACHARJEE versus UNION OF INDIA AND ORS.

A candidate on the waiting list does not get a vested right to appointment after the notified vacancies are filled; subsequent vacancies should be filled from the open market, consistent with Articles 14 and 16(1) of the Constitution.

Parties
Petitioner: Sanjoy Bhattacharjee; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
10 March 1997
Procedural Posture
Special Leave Petition (civil) / Appeal From Central Administrative Tribunal Decision
Outcome
Special leave petition dismissed
Legal Topics
Selection Process, Waiting List, Right to Appointment, Fresh Recruitment, Vested Rights
Service Law Selection Process Waiting List Right to Appointment Fresh Recruitment Vested Rights

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Parties

Sanjoy Bhattacharjee

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Appeal From Central Administrative Tribunal Decision

Legal Issues

  1. 1 Whether a candidate placed on the waiting list has a vested right to appointment after notified vacancies are filled
  2. 2 Whether subsequent vacancies must be filled from the waiting list or through fresh recruitment

Ratio Decidendi

A candidate on the waiting list does not get a vested right to appointment after the notified vacancies are filled; subsequent vacancies should be filled from the open market, consistent with Articles 14 and 16(1) of the Constitution.

Court Disposition

Special leave petition dismissed

Orders

  • Delay condoned
  • Petition dismissed