GOVERNMENT OF ORISSA versus SHRI HARAPRASAD DAS AND ORS.

Citation: [1997] SUPP. 5 S.C.R. 338 · Decided: 24-11-1997 · Supreme Court of India · Bench: G.T. NANAVATI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
GOVERNMENT OF ORISSA 
v. 
SHRI HARAPRASAD DAS AND ORS. 
NOVEMBER 24, 1997 
B 
[G.T. NANA VA TI AND S.P. KURDUKAR, JJ.] 
Service Law : 
Recruitment process-Selection list-Tribunal directecd the Government 
C to appoint candidates from the selection list-Held, that mere empane/ment 
or inclusion of one's name in the selection list does not give him a right to 
be appointed-To fill up or not to fill up a post, is a policy decision of the 
Government-No interference called for unless Government decision is 
arbitrary. 
D 
Selection list-Does not confer any right on the candidate whose name 
is included therein-Where Government decides not to make further 
appointments for valid reasons, it cannot be held, arbitrary. 
Orissa Government Press Industrial Employees Classification, Promotion, 
Conditions of Service and Appeal Rules, 1978 : 
E 
Rules 9 and I 0-Direct recruritment and recruitment of in-service 
candidates-Difference between-Appointment and Promotion Committee-
Held, has a role to play in case of recruitment of in-service employees and 
promotion of employees but has no role to play in case of direct recruitment 
from open market. 
F 
Rule II (v)-Selection list-Period of validity of-Held, the period of 
one year prescribed in the Rule has to be reckoned from the date on which 
the list is drawn even if the list requires approval of another authority after 
it is drawn. 
Words and Phrases-"Drawn"-Meaning of -In the context of Rule 
G I I(v) of the Orissa Government Press Industrial Employees Classification, 
Promotion, Conditions of Service and Appeal Rules, 1978 
H 
Six vacancies of Copy holders in the Government press were required 
to be filled up by direct recruitment in accordance with the Orissa Governemnt 
Press Industiral Employees Classification, Promotion, Conditions of Service 
and Appeal Rules. On 13. 7.1993 a selection list was prepared category wise. 
338 
GOVT. OF ORRISA v. HARAPRASAD DAS 
339 
Nine cadidates were empanelled in the general category and five each in the A 
category of SC and ST candidates. Subsequently vacancies increased to IS 
and S posts were filled up according to their roster points. Government 
imposed a ban on selection list twice: The respondents who were put on the 
selection list, made representions for their appointment from that list which 
was rejected. Therefore, the respondents moved the Tribunal for a direction 
to the Government to appoint them from the selection list, which was allowed B 
by the Tribunal in spite of the stand of the Government that there was a ban 
on the selection list and also that selection list had expired after one year 
under Rule 11 (v). Hence this appeal by the State. 
Allowing the appeal, this Court 
HELD: I. Merely because there were some vacant posts of · C 
Copyholders and the Director of the Press had recommended to the 
Government to fill up those posts, it was not open to the Tribunal to direct 
the Government to fill up those posts, even though it had good reasons not 
to do so. It should have been appreciated by the Tribunal that mere cmpanelment 
or"inclusion of one's name in the selection list does not give him a right to 
be appointed. So also if the Government decides not to make further D 
appointments for a valid reason, it cannot be said that it has acted arbitrary 
by not appointing those whose names are included in the selection list. To 
fill up or not to fill up a post, is a policy decision and unless it is shown to 
be arbitrary, it is not open to the Adminstrative Tribunal to interfere with 
such decision of the Government and direct it to make further appointments. E 
The Tribunal in directing the Government to make further appcintments on 
efficiency ground of public adminstration went beyond its jurisdiction. 
(343-B-D] 
2. Rules 9 and JO of Orissa Government Press Industrial Employees 
(Classification, Recruitment, Pormotion, Conditions of Service and Appeal) 
Rules deal with recruitment of in-service employees and promotion of p 
employees. Appointment and Promotion Committee referred to in these Rules 
has no role to play in case of direct recruitment from open market. The 
Administrative Tribunal W!"IS therefore wrong in holding that the selection 
list prepared for direct recruitment from open market was required to be 
approved by the said committee and it would become a valid selection list only 
after its approval by the said Committee. The Tribunal also failed to appreciate G 
that if the selection list
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