Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law - Appointment - Post of assistant - Names of appellants appearing in rank list but not appointed Vacancies reported just before expiry of rank list as anticipated vacancies and as such non-issuance of letter of advise - Subsequently, Government Order that there was no vacancy - Challenged by petitioners - Appointment of petitioners - Claim of appointment by appellant - Held: Person does not acquire a legal right to be appointed only because his name appears in select list - It is only when there is discrimination or arbitrariness in filling up the vacancies - State as employer has right to fill up all posts or not to fill them up - First rank list as also second rank list exhausted and vacancies in terms thereof filled up - Appellant did not challenge Government Order- They impleaded themselves as parties only after writ petitions filed by others were allowed and State filed appeal thereagainst - Delay defeats equity - Thus, State or Commission cannot be directed to appoint appellants at this stage - Delay/Laches. Appellants applied for the post of Assistants. State Public Service Commission prepared a rank list, which was in force for three years. Name of the appellants appeared therein. However, the vacancies were not filled up. Writ petitions were filed. Pursuant to the directions by the High Court, Deputy Director of Education reported 125 vacancies and further 50 vacancies just before the y expiry of the rank list with a note that they were anticipated vacancies. As a result, the Commission could not issue letter of advise against the said vacancies. Writ petitions were disposed of with a direction to the respondent-State to take decision. Respondent issued Government Order reporting that there was no vacancy. Few candidates filed writ petition for quashing of the Government Order and for a declaration that 175 vacancies should be filled from amongst the candidates whose names were there in the select list. High Court held that the 175 vacancies already reported were not anticipated vacancies but vacancies which had, in fact, occurred prior to the expiry of rank list and the candidates c included therein are entitled to be advised for appointment against those vacancies; and that claim of the petitioners could not be denied for the reason that during the pendency of the writ petitions a new list came into operation. Respondent filed appeal. Appellants got themselves impleaded as parties. Writ Appeal was allowed directing the Commission to advise in respect of 18 petitioners who had filed the writ petition. However, no direction was issued in respect of appellants. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 23 |
Petitioner | S.s. Balu & Anr. |
Respondent | State Of Kerala & Ors. |
SCR | [2009] 1 S.C.R. 196 |
Judgement Date | 2009-01-13 |
Case Number | 104 |
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