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Union of India & Ors. v. G. Ramesh

Civil Appeal · 2020 INSC 24Decided 9 Jan 2020
Civil Appeal No. 140 of 2020
Dr. Justice D.Y. Chandrachud · Justice Hrishikesh Roy

Background

The Superintendent of Post Offices, Hanamkonda, had invited applications for a departmental postman examination in 2013. One candidate, G. Vijender, was selected and appointed, while the respondent, G. Ramesh, stood second on the merit list. After a complaint that Vijender had secured selection fraudulently, he was suspended and eventually dismissed from service in 2016 following a departmental inquiry. The respondent then sought to be appointed in Vijender's place, and both the Central Administrative Tribunal and the High Court ruled in his favour, directing his appointment as postman.

Decision Breakdown

The Supreme Court held that once a selection process is complete and the selected candidate has been appointed, the select list is exhausted, and any later vacancy arising from that candidate's departure (even through dismissal) must be treated as a fresh vacancy to be filled through a fresh recruitment process: it does not revive the old select list or entitle the next-ranked candidate to appointment. Relying on its earlier decision in Thrissur District Co-operative Bank Limited vs. Delson Davis P., the Court held that the Tribunal and High Court had erred in holding that the respondent had a vested right to appointment merely because he was second on the list. The Court allowed the Union of India's appeal, set aside the High Court's judgment, and dismissed the respondent's original application seeking appointment.

Lesson Learnt

Coming second on a selection merit list does not create an automatic right to appointment if the first-ranked candidate is later removed, once a select list is used up by filling the vacancy, any subsequent vacancy must ordinarily go through a fresh selection process rather than falling to the next person on the old list.

Official source (sci.gov.in)View Judgment (PDF)

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