LexRUPESH KUMAR MEENA versus UNION OF INDIA & OTHERS
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[2026] 2 S.C.R. 362 : 2026 INSC 119 Rupesh Kumar Meena v. Union of India & Others (Civil Appeal No(s). 11302-11303 of 2016) 04 February 2026 [Rajesh Bindal* and Atul S. Chandurkar, JJ.] Issue for Consideration Whether the appellant herein should be allowed to change his cadre from Tamil Nadu to Rajasthan, against the ‘insider’ vacancy. The selection pertains to the year 2004. The appellant is already in service in Tamil Nadu for more than two decades. Headnotes† Service Law – Joining of cadre – The first two candidates chose not to join the Rajasthan cadre, offerred on the basis of ‘insider’ vacancy, the appellant staked his claim to be considered for appointment against the same – He filed OA before the Tribunal, which was dismissed – The High Court upheld the same – Review Application was also dismissed – Correctness: Held: The undisputed facts which emerge from the material on record are that the appellant who belonged to ST Category was selected and appointed to IPS in the Combined Civil Services Examination held in the year 2004 – As per his merit, he was allocated Tamil Nadu Cadre where he is serving ever since his appointment – The first two candidates chose not to join the Rajasthan cadre – By this time, six years had lapsed for the 2004 selection – The appellant who was third in the merit list claimed entitlement to be offered the ‘insider’ vacancy – Rather, his case is when the second candidate did not join, he should be offered that vacancy – Such a process cannot be adopted – It will result in the process of allocation or change of cadres fluid for all times to come – The result thereof may be, that after shifting of the appellant from Tamil Nadu to Rajasthan, in terms of the merit list for the 2004 Selection, a candidate below the appellant may claim change of cadre, who other wise may have been allocated to some * Author [2026] 2 S.C.R. 363 Rupesh Kumar Meena v. Union of India & Others other State – This may also have effect on appointment against any ‘insider’ vacancy – Finality has to be attached to the process of selection – No material has been produced to show that the aforesaid ‘insider’ vacancy for the year 2004 was still lying vacant for the period of more than 20 years that have passed – No merit found in appeals and same are dismissed. [Paras 6, 9, 12, 13] List of Keywords Service Law; Cadre; Vacancy; Joining of cadre; Insider vacancy; Selection; Appointment; Combined Civil Services Examination; Tamil Nadu Cadre; Rajasthan cadre; Entitlement; Process of allocation. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 11302-11303 of 2016 From the Judgment and Order dated 26.08.2011 and 21.10.2011 of the High Court of Delhi at New Delhi in WP No. 6215 of 2011 and RP No. 612 of 2011, respectively Appearances for Parties Advs. for the Appellant(s): Dr. Sarbjit Sharma, Dr. Sumit Sharma, Ms. Manishi Raj, Abhishek Sharma, S. K. Verma. Adv. for the Respondent(s): Vinayak Sharma, Ms. Alka Agarwal, Arvind Kumar Sharma, Mrs. Priya Puri. Judgment / Order of the Supreme Court Judgment Rajesh Bindal, J. 1. The appellant is an IPS Officer of Tamil Nadu Cadre. He was selected against a vacancy meant for Scheduled Tribe (ST) category. He filed the present appeals challenging the orders1 passed by the High 1 Dated 26.08.2011 in W.P.(C) No.6215 of 2011 and 21.10.2011 in Review Petition No.612 of 2011 364 [2026] 2 S.C.R. Supreme Court Reports Court2. Vide the order dated 26.08.2011, the High Court upheld the order3 passed by the Tribunal,4 by which the application5 filed by the appellant was dismissed. Subsequently, review petition filed by the appellant was also dismissed by the High Court. 2. Learned counsel for the appellant submitted that one Rishikesh Meena appeared in Civil Services Examination held in the year 2003. As per the merit list, he was selected in the Indian Police Service (IPS) and was allocated West Bengal cadre. He again appeared in 2004 Civil Services Examination and qualified against the vacancy of an IPS Officer. As he was already serving as an IPS Officer, he never chose to join the 2004 batch, as he was to lose one year seniority. In this batch, he was even offered ‘insider’ vacancy of IPS cadre in the State of Rajasthan, however, he did not accept the same as well. 2.1 Next Officer in the merit list for ‘insider’ vacancy in the State of Rajasthan for the batch of 2004, was Rajesh Kumar. His claim was that
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