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Issues: (i) Whether candidates included in the select list had a legal right to be appointed against vacancies that remained unfilled because selected candidates did not join and against vacancies said to have arisen thereafter; (ii) Whether the de-reservation of reserved vacancies, particularly a Scheduled Caste vacancy, could be sustained and whether parity could be claimed on the basis of other allegedly irregular appointments.
Issue (i): Whether candidates included in the select list had a legal right to be appointed against vacancies that remained unfilled because selected candidates did not join and against vacancies said to have arisen thereafter.
Analysis: Inclusion in a select list does not create an indefeasible right to appointment. Once the advertised vacancies stand filled, the selection process comes to an end and the select list cannot be treated as a reservoir for future appointments. The administration's decision not to offer appointment from the same selection was supported by the factual position that more than the advertised general category vacancies had already been filled and that the remaining vacancies stood consumed by candidates appointed pursuant to earlier judicial directions.
Conclusion: The claim to appointment against the unfilled or later-asserted vacancies was rejected.
Issue (ii): Whether the de-reservation of reserved vacancies, particularly a Scheduled Caste vacancy, could be sustained and whether parity could be claimed on the basis of other allegedly irregular appointments.
Analysis: Section 7 of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 bars de-reservation of reserved vacancies as a general rule and permits it only within the statutory exception. In light of Article 16(4B) of the Constitution of India, unfilled reserved vacancies are to be carried forward and cannot be freely converted for general category appointment. Article 14 does not permit negative equality, and an alleged irregular appointment in another case cannot be used to compel repetition of illegality.
Conclusion: The challenge to the de-reservation and the plea based on parity failed.
Final Conclusion: The appeals raised no ground for interference because the select list had been exhausted, the appellants had no vested right to appointment, and the relief sought could not be founded on unlawful de-reservation or negative equality.
Ratio Decidendi: A candidate whose name appears in a select list acquires no vested right to appointment, and once the advertised vacancies are filled the selection process is exhausted; Article 14 cannot be invoked to compel repetition of an illegality in public employment.
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