Service Law – Selection – Right of selected candidates – Extent and ambit of – Candidates complaining that some vacancies had been kept back and not reported –Held: Right of those who find a position in the ranked list is to be advised against vacancies which arise during the currency of the list, and which are reported – In the present case, it was as against vacancies that were reported to the State Public Service Commission, that the candidates had some semblance of a right – However, as far as those not reported are concerned, the candidates cannot claim a right per se – It is possible that in given situations, the State may be lethargic, or even may not wish to report vacancies – In such situations, undoubtedly the individuals awaiting appointment may have recourse to judicial remedies – In such proceedings, the government or the concerned agency can furnish a suitable explanation – If that is found to be arbitrary, appropriate directions may follow – However, the procedure in all such cases, would be to consider the State’s response– Remedy – Judicial Review.
Practice and Procedure – Judgment – Challenged by the State against only one party – Propriety – Held: The State or any public agency, cannot be precluded from challenging a judgment, on the ground that it approaches the court, filing an appeal against only one party – Even if in that case, the normative basis of the judgment under appeal is disturbed, and the issue concerns a matter having public ramifications, such as tax, or recruitment, the final judgment would bind all concerned – In the present case too, therefore, the High Court’s reasoning that the state had not filed petitions against other persons, was flawed; that ipso facto should not have precluded an examination of the merits of the orders of the Tribunal. Shankersan Dash v. Union of India [1991] 2 SCR 567 – followed.
Shenoy & Co v. Commercial Tax Officer (1985) 2 SCC
512 : [1985] 3SCR 659 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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