Lawstreet Journal

Supreme Court reiterates that Mere Inclusion of a Person in the Selection List Does Not Confer Upon Them a Vested Right to Appointment [READ JUDGMENT]

Lawstreet Journal 9 Oct 2020 5:45pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court reiterates that Mere Inclusion of a Person in the Selection List Does Not Confer Upon Them a Vested Right to Appointment [READ JUDGMENT]

A bench comprising of Justice DY Chandrachud and Justice Indira Banerjee of the apex court reiterated that the mere inclusion of candidate in a selection list does not confer upon them a vested right to appointment. In the current case, the candidate participated in the selection process to the 2013 batch of Constables (Executive)- in Delhi Police (male). When the results came out first, they were declared to successful in the first round but when revised results came, they were removed. 

They filed before Central Administrative Tribunal which dismissed their OA. They then reached the Delhi HC which ordered their respective appointments. The apex court said that the real issue was whether the HC was correct in issuing the writ of mandamus. The court noted the fact that the declaration of the revised result was done before the appointment letter since the entire process of recruitment had been put in abeyance. The bench said that the HC committed a grave error by issuing mandamus.  

The apex court also relied upon the case of Punjab SEB V. Malkait Singh (2005) 9 SCC 22 in which the court observed that the mere inclusion of candidates in a selection list does not confer upon them a vested right to appointment. The court also noted that the results were revised due to some irregularity and this has become damnation of recruitment and is ultimately resulting in litigation across the Indian Courts. 

The court further said that “For the above reasons, we are of the view that the… Continue Reading...


Tagged: Supreme Court of India  
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