SHANKARSAN DASH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal was earlier heard by a Division Bench and was referred to a Constitution Bench for examining the question whether a candidate whose name appears in the merit list on the basis of a competitive examination acquires indefeasible right of appointment as a Government servant if a vacancy exists. Reference was made to the decisions in State of Haryana v. Subhash Chander Marwaha, (1974) 1 SCR 165, Miss Neelima Shangla v. State of Haryana, (1986) 4 SCC 268 and Jitendra Kumar v. State of Punjab, (1985) 1 SCR 899.

(2.) The appellant was selected in the combined Civil Services Examination held by the Union Public Service Commission for appointment to several services including the Indian Police Service (in short 'the IPS') and the Police Services Group 'B'. The examination had been held in October, 1977 and the result was announced in May, 1978. A combined merit list for the IPS and the Police Services Group 'B' was announced which included the name of the appellant. Out of the total number of 70 vacancies in the IPS announced to be filled up, 54 were of general category and the remaining 16 reserved for Scheduled Castes/ Scheduled Tribes candidates. The position of the appellant in the merit list was not high enough to be included in the IPS and he was offered appointment to the Delhi Andaman and Nicobar Police Service (hereinafter referred to as the 'DANIP') in Police Service Group 'B' which he accepted. On account of several candidates allotted to Police Services Group 'B' not joining, the position of the appellant improved and ultimately he was on the top of the list.

(3.) In June, 1979, 14 vacancies arose in the IPS due to selected candidates not joining the service. Out the same, 11 were in the general category and 3 in the reserved category. Three vacancies in the reserved category were filled up by the candidates who had been earlier appointed in DANIP Service, but no appointments were made to general category vacancies. The appellant, by a representation, prayed that these vacancies also should be filled up. The request was turned down, and the appellant moved the Delhi High Court by a writ application under Article 226 of the Constitution, which was dismissed in limine by the impugned order.