The State of Uttar Pradesh vs. Karunesh Kumar & Ors.
Background
The Uttar Pradesh Subordinate Services Selection Commission advertised 3,587 Group 'C' posts of Gram Panchayat Adhikari in 2015 and conducted a written examination and interview under the 2015 Recruitment Rules. Candidates who took part but were not included in the final selection list sent to the appointing authority later filed a writ petition, arguing that under the older 1978 Service Rules they were entitled to be considered for vacancies that arose when selected candidates did not join. The Allahabad High Court's Division Bench ruled in their favour, overturning the Single Judge, prompting the State of Uttar Pradesh to appeal to the Supreme Court.
Decision Breakdown
The Supreme Court allowed the State's appeal and restored the Single Judge's order. It held that the entire recruitment process, including any waiting-list mechanism, was governed by the 2015 Rules (a special, later law specifically enacted for this recruitment) and not the older 1978 Rules, since the 2015 Rules contained no provision for maintaining a waiting list. The Court reasoned that unsuccessful candidates have no vested right to be appointed against vacancies arising from selected candidates' non-joining unless a specific rule provides for a waiting list, and that a later special rule prevails over reliance on an earlier general rule when both cannot coexist for the same recruitment process.
Lesson Learnt
Candidates who participate in a selection process and are not placed on the final selection list have no automatic right to appointment against later-arising vacancies unless the applicable recruitment rules specifically provide for a waiting list; courts will apply the rules actually governing that recruitment, not an older, more general rule.