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 Disposed Off |
Headnote | Service Law – Appointment – Respondent No.1-Railwaysissued advertisement inviting applications for filling up Group-Dposts for General Category in its Raipur, Bilaspur and Nagpurdivisions and workshops – According to the appellants, as per theexisting instructions dated 02.07.2008 the select list was to beprepared with 20% extra candidates in the replacement list –Appellants fall in the category of extra 20% – Claim of the appellantsbefore CAT that the Respondent No.1 be directed to fill in the unfilledvacancies in the General Category from this list of 20% candidates– Rejected – Writ petition filed by the appellants, also rejected –Held: Per Deepak Gupta, J. (for himself and Kurian Joseph, J.) Itis true, that mere selection does not give any vested right to theselected candidate to be appointed – However, at the same timewhen a large number of posts are lying vacant and selection processhas been followed, then the employer must satisfy the court as towhy it did not resort to and appoint the selected candidates, even ifthey are from the replacement panel – When the employer is theState it is bound to act according to Art.14 – There is no indicationin the pleadings that the vacancies were not to be filled up –Respondent No.1 failed to give any cogent reason to justify its actionof not calling for candidates from the replacement list of extra 20%candidates – Respondent No.1 to offer appointment to the eligibleappellants – Directions issued – [Per Hemant Gupta, J. (Dissenting)]State has a right not to appoint candidates even if they are in meritlist – Appellants do not possess indefeasible right of appointment –It is not the case, that any candidate lower in merit has beenappointed or the appointments have been made by pick and choosemethod ignoring merit – Stand of Railways that the requirement tofill up 624 vacant posts was not felt cannot be said to be arbitrary– No reason to interfere in the decision-making process of theRailways – Constitution of India – Art.14. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 1103 |
Petitioner | Dinesh Kumar Kashyap & Ors. Etc. |
Respondent | South East Central Railways & Ors. Etc. |
SCR | [2018] 14 S.C.R. 947 |
Judgement Date | 2018-11-27 |
Case Number | 11364 |
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