Short listed candidates have no right of appointment: SC

“A person whose name appears in the select list does not acquire any indefeasible right of appointment. Empanelment at the best is a condition of eligibility for purpose of appointment and by itself does not amount to selection or create a vested right to be appointed,” the bench said.

The apex court said vacancies have to be filled up as per the statutory rules and in conformity with the Constitutional mandate.

“Mere inclusion of a candidate’s name in the select list does not confer any right to be selected,even if some of the vacancies remain unfilled. The candidate concerned cannot claim that he has been given a hostile discrimination.

“Select list cannot be treated as a reservoir for the purpose of appointments,that vacancy can be filled up taking the names from the list as and when it is so required,” the bench said.

The apex court passed the judgement while setting aside the directions of the Orissa High Court and the State Administrative Tribunal which had directed the Government to appoint certain clerks who challenged their non-appointment despite being in the select list of 66 candidates for the 33 vacancies that were filled up.

“If the selection process is over,select list has expired and appointments had been made,no relief can be granted by the court at a belated stage. Thus,once the selection process in respect of number of vacancies sodetermined came to an end,it is no more open to offer appointment to persons from the unexhausted list.

“It is the exclusive prerogative of the employer/state administration to initiate the selection process for filling up vacancies occured during a particular years. There may be vacancies available but for financial constraints,the State may not be in a position to initiate the selection process for making appointments,” the apex court said.

The bench said bonafide decision taken by the appointing authority to leave certain vacancies unfilled,even after preparing the select list cannot be assailed.

“The courts/tribunals have no competence to issue direction to the State to initiate selection process to fill up the vacancies. A candidate only has a right to be considered for appointment,when the vacancies are advertised and selection process commences,if he possess the requisite eligibility,” the bench said.