Case Note & Summary
The Union of India and All India Radio appealed against a Division Bench of the Calcutta High Court's direction to absorb the respondent, Subit Kumar Das, as a Technician in the Eastern Zone of All India Radio under the Scheduled Castes category. The respondent had been placed at Serial No. 1 in a Reserved Panel formed in 1999 for three SC vacancies. However, he was not appointed within the panel's validity. The High Court directed his absorption, which the appellants challenged as enlarging the right of a reserved panel candidate beyond the panel's expiry and contrary to Recruitment Rules. The Supreme Court allowed the appeal, holding that a candidate in a reserved panel has no right to appointment after the panel expires, and set aside the High Court's direction.
Headnote
A) Service Law - Absorption - Reserved Panel - Expiry of Panel - The issue was whether a candidate placed in a Reserved Panel for the post of Technician in All India Radio could be directed to be absorbed after the panel had expired. The Supreme Court held that a candidate in a reserved panel has no vested right to appointment after the panel expires, and the High Court's direction to absorb the respondent was contrary to the Recruitment Rules. (Paras 1-4)
Issue of Consideration
Whether a candidate placed in a Reserved Panel has a right to be absorbed after the expiry of the panel, and whether the High Court could direct such absorption contrary to the Recruitment Rules.
Final Decision
The Supreme Court allowed the appeal, set aside the direction of the Division Bench of the Calcutta High Court to absorb the respondent, and held that a candidate in a reserved panel has no right to appointment after the panel expires.
Law Points
- Reserved Panel
- Absorption
- Expiry of Panel
- Recruitment Rules
- Limited Right
Case Details
Civil Appeal No. of 2025 (Arising out of SLP(Civil) Diary No. 57192 of 2024)
The Union of India & Ors.
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Nature of Litigation
Civil appeal against a Division Bench of the Calcutta High Court's direction to absorb the respondent as Technician in All India Radio.
Remedy Sought
The appellants sought to set aside the High Court's direction to absorb the respondent.
Filing Reason
The appellants were aggrieved by the High Court's direction to absorb the respondent after the expiry of the Reserved Panel, which they contended was contrary to the Recruitment Rules.
Previous Decisions
The Division Bench of the Calcutta High Court directed the appellants to absorb the respondent as Technician in the Eastern Zone of All India Radio under the SC category.
Issues
Whether a candidate placed in a Reserved Panel has a right to be absorbed after the expiry of the panel.
Whether the High Court could direct absorption contrary to the Recruitment Rules.
Submissions/Arguments
The appellants argued that the direction to absorb the respondent enlarged the right of a candidate placed in the Reserved Panel much after its expiry and ran counter to the Recruitment Rules.
The respondent contended that the appellants had committed to absorb him as far back as 15.01.1999 and the High Court rightly directed so.
Ratio Decidendi
A candidate placed in a Reserved Panel has no vested right to appointment after the expiry of the panel, and any direction to absorb such a candidate contrary to the Recruitment Rules is unsustainable.
Judgment Excerpts
The Union of India through the Secretary, Ministry of Information and Broadcasting and the All India Radio through its Director General are aggrieved by the direction issued by the Division Bench of the Calcutta High Court requiring them to absorb the services of the respondent on the post of Technician at the Eastern Zone of All India Radio under the Scheduled Castes (SC) category.
According to the appellants, such direction to absorb the services of the respondent enlarges the right of a candidate placed in the Reserved Panel much after its expiry and runs counter to the Recruitment Rules.
Procedural History
The respondent filed a petition before the Calcutta High Court seeking absorption as Technician. The Division Bench directed the appellants to absorb him. The Union of India and All India Radio appealed to the Supreme Court by way of Special Leave Petition.
