The State of Manipur v. Takhelmayum Khelendro Meitei

Civil Appeal · 2019 INSC 56Decided 17 Jan 2019
Civil Appeal Nos. 842-843 of 2019
Justice S.A. Bobde · Justice L. Nageswara Rao · Justice R. Subhash Reddy

Background

In 1999, Manipur's Electricity Department conducted a selection process for the post of Assistant Lineman, but before results could be declared, the State imposed a complete ban on direct recruitment due to a financial crisis and later cancelled the pending selections by a 2001 policy decision. Years later, after the department was reorganised into successor power corporations and fresh posts (Junior System Assistant) were advertised in 2016, some of the 1999 selectees approached the Manipur High Court, which directed the State to declare the old results and adjust the selected candidates into the newly advertised posts.

Decision Breakdown

The Supreme Court held that mere selection or inclusion in a panel does not confer an indefeasible right to appointment, relying on its earlier decision in Shankarsan Dash v. Union of India. It found the State's 2001 decision cancelling the 1999 selections was taken bona fide to address a genuine financial crisis, and the respondents had never challenged that cancellation. Since the 1999 selection process stood validly cancelled, the respondents had no surviving right to appointment, let alone to be slotted into differently advertised posts created in 2016. The High Court's direction was accordingly held unsustainable, the appeals were allowed, and the High Court's judgment was set aside.

Lesson Learnt

Being selected or placed on a merit list does not by itself create a vested right to a government job, especially where the recruitment process was validly and bona fide cancelled by the government for genuine reasons, and that cancellation was never itself challenged.

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