UNION OF INDIA & ORS versus G RAMESH

Once a candidate has been selected and appointed, the Select List is exhausted and a subsequent dismissal of the appointed candidate does not revive the Select List or entitle the next candidate in merit to appointment; accordingly the respondent was not entitled to appointment and his Original Application is dismissed.

Parties: Appellant: Union of India & Ors; Respondent: G Ramesh
Jurisdiction: India
Judgment Date: 09 January 2020
Procedural Posture: Civil Appeal / Appeal From High Court Judgment Dated 8 February 2018
Outcome: appeal allowed
Legal Topics: Appointment, Select List, Departmental Enquiry, Dismissal

Service Law Appointment Select List Departmental Enquiry Dismissal

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Union of India & Ors

Appellant

G Ramesh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dated 8 February 2018

Legal Issues

1 Whether the respondent was entitled to appointment following dismissal of the selected appointee
2 Whether the Select List is revived by subsequent dismissal of the appointed candidate
3 Whether an appointment obtained by fraudulent means is void ab initio and gives right to next candidate in merit list

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Impugned judgment and order of the High Court dated 8 February 2018 is set aside
Original Application filed by the respondent seeking appointment to the post of postman is dismissed