Summary
The Supreme Court dismissed unsuccessful candidates’ challenges concerning Punjab’s 2008 direct recruitment to the Superior Judicial Service. A variation clause did not compel inclusion of later vacancies; carrying forward a disability vacancy was upheld, and the larger-cadre claim failed. Although ex-servicemen reservation was legally inapplicable, the Court declined to disturb the separate Fast Track Court absorption after a decade and subsequent recruitment attempts. No appointment relief was granted.
Issues
- Whether subsequent or allegedly omitted vacancies had to be added to the 2008 recruitment.
- Whether correction of ex-servicemen reservation, Fast Track Court absorption or the unfilled disability vacancy entitled the appellants to appointment.
Held
- A statement that advertised posts may vary does not compel inclusion of a later vacancy. Enlarging an earlier recruitment may prejudice persons who became eligible subsequently. (¶ 7)
- Ex-servicemen reservation was inapplicable to this service. Nevertheless, in the circumstances, including the separate assessment for Fast Track Court absorption, passage of a decade and later unsuccessful examination attempts, the Court declined to disturb the recruitment on that ground. (¶¶ 8, 9, 10, 11, 12, 13, 14)
- A reserved-category candidate selected on open merit belongs in the unreserved selection rather than being counted against the reserved quota. (¶ 12)
- The advertisement did not confer an inherent right to conversion of the unfilled disability vacancy into a general-category appointment. Carrying it forward furthered the protective social objective. (¶ 15)
- Candidates who participated without challenging the advertisement could not, after falling below the selection cutoff, demand expansion to accommodate them. Nor was every omitted or prospective vacancy necessarily fatal to the advertisement; the asserted larger cadre figure related to a later list. (¶¶ 16, 18)
- A place in a merit list does not create an indefeasible right to appointment or require every vacancy to be filled. No relief was warranted on the grounds advanced. (¶¶ 17, 20, 22)
Result
Appeals dismissed; parties to bear their own costs. No appointments or alteration of the recruitment directed.