STATE OF A.P. AND ORS. versus D. DASTAGIRI AND ORS.

Citation: [2003] 3 S.C.R. 877 · Decided: 23-04-2003 · Supreme Court of India · Bench: SHIVARAJ V. PATIL, ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF A.P. AND ORS. 
A 
v. 
D. DASTAGIRI AND ORS. 
APRIL 23, 2003 
[SHIVARAJ V. PATIL AND ARIJIT PASA Y AT, JJ.) 
B 
Service Law: 
Appointment-Right to-Notification issued by State of Andhra Pradesh 
containing guidelines and procedure for recruitment to 1715 posts of Excise C 
Constables-interviews held and verification of original certificates done-
Meanwhile Election Notification issued and recruitment process stopped-
Later, on introduction of total prohibition in the State, process of recruitment 
of Excise Constables cancelled-On writ petitions being filed the High Court 
·taking note of the submission of Counsel for the State that cases of petitioners D 
would be considered for appointment on existing vacancies, granted relief 
to the petitioners-Held, even if the selection process was complete and 
assuming that only select list was remained to be published, that does not 
advance the case of the candidates for the simple reason that even the 
candidates who are selected and whose names find place in the select list, 
do not get vested right to claim appointment based on the select list-It was E 
open to the State Government to take a policy decision either to have 
prohibition or not to have it in the State-If pursuant to a policy decision 
taken to impose prohibition in the State there was no requirement for the 
recruitment of Constables in the Excise Department, nobody car; insist that 
they must appoint the candidates as Excise Constables-It is not the case of F 
the respondents that there was any malafide on the part of the appellants in 
refi1sing the appointment to the respondents after the selection process was 
complete-When it was open to the Government lo take a policy decision, 
it is not open to the respondents to dub the action of the Government as 
arbitrary, particularly, when they did not have any right as such to claim 
appointments-In the absence of selection and publication of select list, mere G 
concession or submission made by the Government Pleader on behalf of the 
appellant-State cannot improve the case of the respondents-Similarly, 
such a submission cannot confer right on the respondents, which they otherwise 
did not have-However, having regard to the peculiar facts and circumstances 
of the case and that the respondents had the benefit of the order of the High H 
877 
878 
SUPREME COURT REPORTS 
[2003) 3 S.C.R. 
A Court ii is just and appropriate that as and when any fresh selection takes 
place to the post of Excise Constables, the respondents may apply for regular 
recruitment-In that event, age-bar will not be put against them. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 604 of 2000. 
B 
From the Judgment and Order dated 23.6.1999 of the Andhra Pradesh 
High Court in Crl. W.P. No. 36036 of 1998. 
WITH 
C.A. No. 915 of2000. 
C 
Guntur Prabhakar for the Appellants. 
D 
P.V. Krishnaiah, R. Santhan Krishnan and D. Mahesh Babu for the 
Respondents. 
The following Order of the Court was delivered : 
The State of Andhra Pradesh is before us in these appeals questioning 
the validity and correctness of the judgment and order passed by the Division 
Bench of the High Court. The appellant-State Government issued a notification 
containing guidelines and procedure for recruitment to the post of 1715 Excise 
E Constables, pursuant to which the Commissioner of Excise notified the 
vacancies to the Employment Exchange initiating the process of recruitment. 
Dates for interview were scheduled between 19.10.1994 and 23.10.1994 and 
dates were fixed for verification of original certificates between 25. I 0.1994 and 
29.10.1994. Thereafter, on account of announcement of General Elections to 
the Legislative Assembly, recruitment process was stopped as Election 
F Notification had been issued on 1.11.1994. By the Memo dated 21.12.1994, in 
the light of the decision of introducing total prohibition in the State of Andhra 
Pradesh, the process for recruitment of 1715 Excise Constables was cancelled. 
The results of the interview were not declared and no selection list was 
published. The respondents filed Writ Petition in the High Court in the year 
1998 seeking mandamus directing the appellants to appoint them. Before filing 
G the Writ Petition, the respondents had approached the Andhra Pradesh 
Administrative Tribunal. The Division Bench of the High Court disposed of 
the Writ Petition granting relief to the respondents, taking note of the 
submission made by the learned Government Ple

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