SHANKARSAN DASH versus UNION OF INDIA

Citation: [1991] 2 S.C.R. 567 · Decided: 30-04-1991 · Supreme Court of India · Bench: B.C. RAY · Disposal: Dismissed

Cited by 21 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

. SHANKARSAN DASH 
v. 
UNION OF INDIA 
APRIL 30, 1991 
A 
[B.C. RAY, K.J. SHETIY, LAUT MOHAN SHARMA, 
B 
M.N. VENKATACHALIAH AND J.S. <VERMA, JJ.] 
Civil Services: Recruitment by Competitive Examination-Candi-
date included in merit list-Whether acquires an indefeasible right of 
appointment-Filling up of vacancies-Adoption of different policy for 
general and reserved categories-Whether arbitrary and discriminatory 
-Indian Police Service (Cadre) Rules, 1954: Rule 4: Indian Police 
Service (Recruitment) Rules; Ru/es 3, 4, 6 and 7; and Indian Police 
Service (Appointment by Competitive Examination) Regulations: 
Regulations 2( I)(a), 8 and I3-App/icability of. 
c 
On the basis of the results of the combined Civil Services Exami-
D 
nation held by the Union Public Service Commission for appointment to 
several Services and the position in the combined merit list for the Indian 
Police Service and Police Services, Group 'B' the appellant was 
appointed to the Delhi Andaman and- Nicobar Police Service, also 
known as DANIP. Subsequently when certain vacancies arose in the 
Indian Police Service, due to selected candidates not joining the Service, 
E 
and only the reserved category vacancies were filled up by the candi-
dates, who bad been earlier appointed in DANIP Service, the appellant, 
who came to occupy top position, represented to the authorities for 
filling the general vacancies also, hut his request was turned down. 
Hence the appellant filed writ application before the High Court, which 
was dismissed in limine. 
In the appeal before this Court, on behalf of the appellant it was 
contended that since ultimately several vacancies in the general cate-
gory of the IPS remained unfilled, he was entitled to he appointed in one 
of them, that since 54 vacancies were notified for general category and 
be was found qualified for the appointment, the respondent could not 
refuse to fill up the vacancies, and there was no justification to refuse to 
follow the procedure adopted in similar situation with respect to the 
reserved category, in regard to the general category vacancies also and 
that in view of the relevant statutory rules, the authorities were under a 
duty to continue with the process of filling up the vacancies until none 
remained vacant,· and by keeping the posts unfilled, they had acted 
arbitrarily. 
567 
F 
G 
H 
568 
SUPREME COURT REPORTS 
[ 1991] 2 S.C.R. 
A 
On behalf of the respondent-Union of India it was contended that 
the tentative service allocation for IPS was completed before the com-
mencement of the foundational course for the IPS, and the process of 
final service allocation was closed after filling up certain vacancies, 
..i- · 
which had arisen, since the process for recruitment for the next year 
had already started, and hence the additional vacancies arising later 
B 
remained unfilled, that the process followed in connection with the 
reserved category, was not followed in regard to the general category 
vacancies on account of vital differences obtaining in the relevant condi-
tions in the two categories, and hence there was no discrimination or 
arbitrariness, in keeping the general category vacancies unfilled. 
~ -
c 
Dismissing the appeal, this Court 
HELD: 1.1 Even if vacancies are notified for appointment and 
adequate number of candidates are found fit, the successful candidates 
do not acquire an indefeasible right to be appointed. Ordinarily, the 
notification merely amounts to an invitation to qualified candidates to 
D apply for recruitment and on their selection they do not acquire a11y 
right to the post. Unless the relevant recruitment rules so indkate, the 
State is under no legal duty to fill up all or any of the vacancies. How-
ever, it does not mean that the State has the licence of acting in an 
arbifrary manner. The decision not to fill up the vacancies has to be 
.taken bona fide for appropriate reasons. And if the vacancies or any of 
E them are filled up, the State is bound to respect the.comparative merit 
of the candidates, as reflected at the recruitment test, and no discrimi-
nation can be permitted. [572A·C] 
State of Haryana v. Subhash Chander Marw_aha and Others_,_ 
[1974] 1 SCR 165; Miss Neelima Shangla v. State of Haryana and 
F 
Others, [1986] 4 SCC 268 and Jitendra Kumar and Others v. State of 
Punjab and Others, [1985] l SCR 899, referred to. 
1.2 The appellant had not acquired a right to be appointed 
against the vacancy arising later on the basi

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