Case Note & Summary
The dispute arose from an appeal by the State of Punjab against a High Court order directing the appointment of the first respondent as Assistant Advocate General. The State had issued a notification in August 1987 inviting applications for the post, resulting in a select panel where the first respondent was ranked third. The first candidate accepted the position but resigned shortly after, while the second candidate declined the offer. The State then appointed a candidate from the service cadre based on seniority-cum-merit. The first respondent claimed he should have been appointed instead of the second candidate, leading to his writ petition in the High Court, which was initially successful. The State appealed, arguing that the mere existence of a select panel did not guarantee appointment, and that the panel's utility ended with the first candidate's appointment. The court analyzed the legal principles surrounding appointment rights and administrative circulars, ultimately concluding that the first respondent had no legitimate claim to the position after the panel's dissolution. The appeal was allowed, and the writ petition was dismissed, with no costs awarded.
Headnote
A) Administrative Law - Right to Appointment - No inherent right to appointment from a select panel - Code of Civil Procedure, 1908 - Mere empanelment does not confer a right to appointment under the State; the panel ceases to exist once the first candidate is appointed and resigns, thus no claim can be made for subsequent vacancies. Held that the first respondent had no legal standing to demand appointment after the panel's utility expired (Paras 1-2).
Issue of Consideration
Whether the first respondent had a right to be appointed as Assistant Advocate General after the resignation of the first candidate in the select panel.
Final Decision
The Supreme Court allowed the appeal by the State of Punjab, dismissing the writ petition filed by the first respondent. The court held that the first respondent had no legal right to appointment after the select panel's utility had expired.
Law Points
- Right to appointment
- Select panel
- Administrative Circulars
- Public Service Commission
- Legal standing
