Rupesh Kumar Meena vs Union of India & Others

Court

Supreme Court of India

Date

4 February 2026

Case No.

Civil Appeal No(s). 11302-11303 of 2016

Result

Dismissed

Bench

Rajesh Bindal

Citation

[2026] 2 S.C.R. 362 : 2026 INSC 119

Issue for consideration

Whether the appellant herein should be allowed to change his cadre from Tamil Nadu to Rajasthan, against the ‘insider’ vacancy. The selection pertains to the year 2004. The appellant is already in service in Tamil Nadu for more than two decades.

Headnote

Service Law – Joining of cadre – The first two candidates chose not to join the Rajasthan cadre, offerred on the basis of ‘insider’ vacancy, the appellant staked his claim to be considered for appointment against the same – He filed OA before the Tribunal, which was dismissed – The High Court upheld the same – Review Application was also dismissed – Correctness:

Held: The undisputed facts which emerge from the material on record are that the appellant who belonged to ST Category was selected and appointed to IPS in the Combined Civil Services Examination held in the year 2004 – As per his merit, he was allocated Tamil Nadu Cadre where he is serving ever since his appointment – The first two candidates chose not to join the Rajasthan cadre – By this time, six years had lapsed for the 2004 selection – The appellant who was third in the merit list claimed entitlement to be offered the ‘insider’ vacancy – Rather, his case is when the second candidate did not join, he should be offered that vacancy – Such a process cannot be adopted – It will result in the process of allocation or change of cadres fluid for all times to come – The result thereof may be, that after shifting of the appellant from Tamil Nadu to Rajasthan, in terms of the merit list for the 2004 Selection, a candidate below the appellant may claim change of cadre, who other wise may have been allocated to some other State – This may also have effect on appointment against any ‘insider’ vacancy – Finality has to be attached to the process of selection – No material has been produced to show that the aforesaid ‘insider’ vacancy for the year 2004 was still lying vacant for the period of more than 20 years that have passed – No merit found in appeals and same are dismissed. [Paras 6, 9, 12, 13]

Judgment Rajesh Bindal, J. 1. The appellant is an IPS Officer of Tamil Nadu Cadre. He was selected against a vacancy meant for Scheduled Tribe (ST) category. He filed the present appeals challenging the orders1 passed by the High Dated 26.08.2011 in W.P.(C) No.6215 of 2011 and 21.10.2011 in Review Petition No.612 of 2011 Court2. Vide the order dated 26.08.2011, the High Court upheld the order3 passed by the Tribunal,4 by which the application5 filed by the appellant was dismissed. Subsequently, review petition filed by the appellant was also dismissed by the High Court. 2. Learned counsel f

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