Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Non-selection in the revised result – In 2013, anotice was published in the newspapers for filling up vacancies forthe post of ‘Constable (Executive) – Male’ in Delhi Police – Therespondents were declared to be selected under OBC category –However, it was found that an error had crept in due to the failureto allocate a bonus mark to every candidate whose height was inexcess of 178 cm – In the revised result dated 17.07.2015, certaincandidates from the original list were ousted while new candidatescame in – Respondents were declared selected in revised result aswell – A set of OAs were instituted by unsuccessful candidatesbefore the Tribunal challenging the answer keys prepared – AnExpert Committee was appointed – In the meantime, the joining ofselected candidates in pursuance of the result dated 17.07.2015was kept in abeyance and no offers for appointment were issued –Following the report of the Expert Committee, the results were revisedagain on 22.02.2016 – As a consequence, the respondents wereousted – The respondents filed OA challenging their non-selectionin the revised result dated 22.02.2016, however, the OA wasdismissed – The writ petitions filed by the respondents were allowedand direction was issued to appoint them – On appeal, held: It issettled that mere inclusion of candidate in a selection list does notconfer them a vested right to appointment – In the instant case,after name of respondents appeared in the results declared on17.07.2015, the process of recruitment was put in abeyance sincethe results were challenged before the Tribunal – The process ofrevising the results during the course of the recruitment wasnecessitated to align it in accordance with law – The report of theExpert Committee established errors in the answer keys – Therespondents failed to fulfil the revised cut-off – The respondentsare not entitled to any direction in their favour contrary to lawsince they had no vested right to appointment – The revised resultwas declared before offers of appoitment were made to therespondents since the entire process of recruitment was put inabeyance – Thus, the High Court committed error in issuing amandamus to the appellants to appoint the respondents. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 578 |
Petitioner | Commissioner Of Police And Anr. |
Respondent | Umesh Kumar |
SCR | [2020] 11 S.C.R. 583 |
Judgement Date | 2020-10-07 |
Case Number | 3334 |
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