STATE OF BIHAR versus THE SECRETARIAT ASSISTANT SUCCESSFUL EXAMINEES UNION 1986 AND ORS.

Citation: [1993] SUPP. 3 S.C.R. 134 · Decided: 08-10-1993 · Supreme Court of India · Bench: M.N. VENKATACHALIAH · Disposal: Disposed off
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Judgment (excerpt)

A 
STATE OF BIHAR 
B 
.• 
v. 
THE SECRETARIAT ASSISTANT SUCCESSFUL EXAMINEES 
UNION 1986 AND ORS. 
OCTOBER 8, 1993 
(M.N. VENKATACHALIAH, CJ AND DR. A.S. ANM:l9, J.] 
Service Law 
C 
Bihar State Subordinate Services-Appointment to the post of Assis-
tants in the Secretariat-Candidates empanelled on the select list, Whether 
acquire a right of appointment. 
The Bihar State Subordinate Services Selection Board;iiivited ap-
plications from unemployed Graduates for appointment to the post ·of 
D Assistants in the Secretariat and other connected offices of the Govern-
ment of Bihar in the vacancies up to the year 1985-86. 309 candidates out 
of those who had qualified in the examination were given appointmentS as 
against the 357 vacancies notified by the Government. Candidates securing 
more than 50 per cent marks in the general category and whose names 
E were in the select list were empanelled and made to wait in anticipation of 
the release of further vacancies. The empanelled candidates represented 
to the State Government for appointment against the vacancies as avail· 
able on the date of the publication of the result. The representation was 
rejected. The State Government, on 8.8.91 issued a letter to the Board to 
issue a fresh advertisement for appointment of Secretariat Assistants. The 
F 
empanelled selectees who were not appointed filed a writ petition before 
the High Court seeking a direction to appoint them. The High Court 
directed the Board to fill up the vacancies up to 1991 from the list of 
selected candidates who were empanelled after the declaration of the result 
in 1990. 
G 
--H 
Dispos'ing of the appeal, by special leave, [preferred] by the State, 
this Court. 
· 
HELD: 1.1. A person who is selected does not, on account of being 
empanelled alone, acquire any indefeaS'able right of appointment. Em:-
panelment is at the best a condition of eligibility for purposes of appoint-
134 
STATEv. S.AS. [DR.ANAND,J.] 
135 
ment, and by itself doses not amount to selection or create a vested right A 
to be appointed unless relevant service rule says to the contrary. (138-C-D] 
1.2. In the instant case, the directions given by the High Court for 
appointment of the empanelled candidates according to their position in 
the merit list against the vacancies till 1991 was not proper. Since no 
examination has been held since 1987, persons who became eligible to B 
compete for appointments were denied the opportunity to take the ex-
amination and the direction of the High Court would prejudicially affect 
them for no fault of theirs. (138-E-F] 
1.3. There is no justification for holding the examination two years C 
after the publication of advertisement and declare the result almost three 
years after the holding of the examination for making selections. The 
callousness of the. State has caused great hardship to the successful 
candidates. The State was expected not to act in such a leisurely manner 
and treat the matter of selection for appointment to services in such a 
causal manner. [138-F-H] 
D 
Shankarsan Dash v. Union of India, [1991) 3 S.C.C. 47 and Sabita 
Prasad & Ors. v. State of Bihar & Ors., [1992) 3 Scale 361. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5298 of E 
1993. 
From the Judgment and order dated 11-10-91 of the Patna High 
Court in C.W.J. C.No. 2912/91. 
P.P. Rao and B.B. Singh for the appellants. 
Govinda Mukhoty, A. Sharan, Anil Tiwary, S.P. Singh and Irshad 
Ahmad for the respondents. 
The Judgement of the Court was delivered by 
DR. ANAND, J. Leave granted. 
F 
G 
The Bihar State Subordinate Services Selection Board (hereinafter 
referred to as the 'Board') issued advertisement No.11/85 inviting applica-
tions from unemployed Graduates for appointment to the post of Assis-
tants in the Secretariat and other connected offices of the Government of H 
'"' 
.r-· 
136 
SUPREME COURT REPORTS [1993] SUPP. 3 S.C.R. 
A 
Bihar. It was stated in the advertisement the vacancies upto the year 
1985-86 were to be filled up, after holding an examination. The number of 
vacancies, however, was not notified. The examination was held at different 
examination centers within the State in November, 1987. The result of the 
examination, however, was published only in July, 1990. Vide a communica-
B 
tion dated 25.8.1997 issued by the Joint Secretary in the Department of 
Personnel and Administrative Reforms to the Secretary' of the Board, the 
break-up of the vacancies in a tabulated form, indicating t
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