Union of India & Ors. vs. Subit Kumar Das [2025 INSC 1235]

Mere placement in the wait list does not create any vested right for being appointed to a post

RELEVANT PARAGRAPH

12. While considering the entitlement of the respondent to any relief on the basis of his placement in the Reserved Panel, it would be necessary to bear in mind the settled position that mere placement in the wait list does not create any vested right for being so appointed. The right to be considered for appointment would spring only in the contingency of a selected candidate not joining on his post. The wait list operates for a limited period. It cannot extend for an indefinite period and in any event after a fresh process of recruitment has commenced. This legal position is well settled and reference can be made to the decision of a three Judge Bench in Gujarat State Dy. Executive Engineers’ Association Vs. State of Gujarat and others.

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