Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law — Appointment |
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 — Claim for - Advertisement for filling 52 posts of Punjab Civil Services (Judicial Branch) — Out of 52 posts 27 were General category and 25 were reserved (including reservation of 10 posts for Scheduled Castes) — After final result of the examination 27 candidates from General category, 10 candidates from Scheduled Castes and 5 from Other Backward Classes were declared successful and consequently joined service ~ 8 posts were _ de-reserved in respect of remaining unfilled vacant posts — Against the de-reserved 8 posts, 7 candidates from General Category (candidates upto SI.No. 34 in the merit list) and 1 from Other Backward Classes were offered appointment — Three candidates of General Category since did not accept the appointment, candidates at serial Nos. 35, 36 and 37 sought issuance of appointment against the three vacant posts — The Administrative Comunitiee of High Court denied appointment taking note of the fact that pursuant to direction of Supreme Court to appoint 22 candidates selected in the years 1998, 1999, 2000 and 2001, State Government had sanctioned 16 posts io accommodate the 22 appointments (as only 6 posts were available then) which were liable to be abolished as and when the vacancies became available and thus the 3 vacancies were consumed — Writ Petition - Dismissed by High Court — On appeal, held: Finding place in Select List does not give right of appointment to the candidate - It is open to Government not to fill up the vacancies - However, such decision of the Government should not be arbitrary and unreasonable — As against the 27 posts of General Category advertised, 31 candidates had already joined — It is not permissible to fill up the vacancies over and above the vacancies advertised — De-reservation of 7 posts which were filled up by General Category candidates was also not correct — The appellants cannot claim any legal right in respect of the posts of reserved category remaining unfilled,as the candidates much more than the vacancies advertised, |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 413 |
Petitioner | Kulwinder Pal Singh And Anr. |
Respondent | State Of Punjab And Ors. |
SCR | [2016] 4 S.C.R. 439 |
Judgement Date | 2016-05-12 |
Case Number | 5035-5036 |
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