Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment-Right to-Notification issued by State of Andhra Pradesh containing guidelines |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Appointment-Right to-Notification issued by State of Andhra Pradeshcontaining guidelines and procedure for recruitment to 1715 posts of ExciseConstables-interviews held and verification of original certificates done-Meanwhile Election Notification issued and recruitment process stopped-Later, on introduction of total prohibition in the State, process of recruitmentof Excise Constables cancelled-On writ petitions being filed the High Court·taking note of the submission of Counsel for the State that cases of petitionerswould be considered for appointment on existing vacancies, granted reliefto the petitioners-Held, even if the selection process was complete andassuming that only select list was remained to be published, that does notadvance the case of the candidates for the simple reason that even thecandidates who are selected and whose names find place in the select list,do not get vested right to claim appointment based on the select list-It wasopen to the State Government to take a policy decision either to haveprohibition or not to have it in the State-If pursuant to a policy decisiontaken to impose prohibition in the State there was no requirement for therecruitment of Constables in the Excise Department, nobody car; insist thatthey must appoint the candidates as Excise Constables-It is not the case ofthe respondents that there was any malafide on the part of the appellants inrefusing the appointment to the respondents after the selection process wascomplete-When it was open to the Government lo take a policy decision,it is not open to the respondents to dub the action of the Government asarbitrary, particularly, when they did not have any right as such to claimappointments-In the absence of selection and publication of select list, mereconcession or submission made by the Government Pleader on behalf of theappellant-State cannot improve the case of the respondents-Similarly,such a submission cannot confer right on the respondents, which they otherwisedid not have-However, having regard to the peculiar facts and circumstancesof the case and that the respondents had the benefit of the order of the HighCourt ii is just and appropriate that as and when any fresh selection takesplace to the post of Excise Constables, the respondents may apply for regularrecruitment-In that event, age-bar will not be put against them. |
Judge | N/A |
Neutral Citation | 2003 INSC 253 |
Petitioner | State Of A.p. And Ors. |
Respondent | D. Dastagiri And Ors. |
SCR | [2003] 3 S.C.R. 877 |
Judgement Date | 2003-04-23 |
Case Number | 604 |
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