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Sudip Sarkar   06 May 2025

Do only petitioners get selected for a job by verdict of court

After declaration of result of an exam, it was found that almost 200 eligible candidates were not selected. Some candidates were not selected due to being junior than selected candidates while some candidates were unable to clear cut off. Now, it is learned that there are almost 250 vacancies left and some candidates want to go to court so that department can be compelled to fill those unfilled vacancies. Out of 200 eligible candidates, only 90 candidates are willing to go to court. If the court's verdict comes in favour of petitioner to fill the unfilled vacancies, will only those who filed petition get the job, and others will not get job because the were not part of that petition, or all the eligible candidates get the job??? Kindly enlighten this questions with your wisdom



 11 Replies

P. Venu (Advocate)     06 May 2025

In the given facts, there is very little chance of the judicial review being allowed.

Sudip Sarkar   07 May 2025

Sir, if you kindly elaborate it will be helpful to understand.

Dr. J C Vashista (Advocate )     07 May 2025

You will have to consult and engage a local prudent lawyer, if it is your personal problem.

Prima facie it is a social service, isn't it ?

R.K Nanda (Advocate)     07 May 2025

If 90 petitioners go to court and get favourable order then only 90 petitioners will get job. 

P. Venu (Advocate)     07 May 2025

Courts cannot compel Government to make appointments being notified vacancies or those who otherwise not qualified just because there are unfilled vacancies. These are policy matters.

However, if those approach Court could succeed, the benefits would be applicable to all depending upon teir ranking by merit.

R.K Nanda (Advocate)     07 May 2025

High courts and supreme court has unlimited powers and they can pass any type of orders and directions to anyone including government. 

Sudhir Kumar, Advocate (Advocate)     07 May 2025

If thee 90 candidate win stell none of their sernior an be ignored.

P. Venu (Advocate)     07 May 2025

Originally posted by : R.K Nanda
High courts and supreme court has unlimited powers and they can pass any type of orders and directions to anyone including government. 

In administrative matters, Constitutional Courts exercise judicial review - review only as to the decision making process, not the decision itself unless the decision is illegal or perverse.  

R.K Nanda (Advocate)     07 May 2025

Which are constitutional courts? Inform 

T. Kalaiselvan, Advocate (Advocate)     08 May 2025

Apex Court in Shankarsan Dash v. Union of India (1991) 3 SCC 47, states that:

“It is not correct to say that if a number of  vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied.  Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post.  Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies.  However, it does not mean that the State has the licence of acting in an arbitrary 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 them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted.  This correct position has been consistently followed by this Court, and we do not find any discordant note in the decisions in State of Haryana v. Subhash Chander Marwaha, Neelima Shangla v. State of Haryana, or Jatendra Kumar v. State of Punjab”.     

A simple reading of the above paragraph would reveal that though it is up to the employer or the State to fill up all the notified vacancies or to keep all of them or any of them vacant but it does not mean that the employer/State can act arbitrarily in not filling up those posts and the decision not to fill up the vacancies has to be a bona fide one supported by appropriate reasons. 

The relevant rules of 2007, do not oblige the State to fill up all the vacancies advertised. 

R.K Nanda (Advocate)     08 May 2025

Originally posted by : P. Venu



Originally posted by : R.K Nanda



High courts and supreme court has unlimited powers and they can pass any type of orders and directions to anyone including government. 




In administrative matters, Constitutional Courts exercise judicial review - review only as to the decision making process, not the decision itself unless the decision is illegal or perverse.  

 


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