Wait-Listed Candidate Has No Vested Right To Appointment After Expiry Of Wait List : Supreme Court
The Supreme Court held that in public employment, wait-listed candidates do not acquire any vested or automatic right to appointment once the statutory validity of the waiting list has expired.
“…the law seems to be well-settled that when a candidate included in a select/merit list has no indefeasible right of appointment, it would be too far-fetched to think that a candidate in the waiting/reserve list would have a better right than a candidate in the select/merit list.”, the court observed, referencing five judge bench judgment of Shankarsan Dash v. Union of India, (1991) 3 SCC 47.
Allowing the Rajasthan Public Service Commission's appeal, a bench of Justices Dipankar Datta and Augustine George Masih set aside the Rajasthan High Court's decision, which had directed the appointment of wait-listed candidates after the expiry of the prescribed period.
The bench heard the batch of appeals where different recruitment processes were conducted by the RPSC. In each case, the main select list was forwarded to the State Government, and a reserve list was also prepared in accordance with the Rajasthan service rules, which permit a reserve list to remain operative for six months from the date of forwarding of the main list.
Allowing the writ petitions filed by the waitlisted candidates, the Rajasthan High Court had directed the authorities to appoint the wait-listed candidates. These directions were challenged by RPSC before the Supreme Court.
The core issue before the Court was whether a wait-listed candidate can claim appointment against vacancies caused by the non-joining of selected candidates after the expiry of the reserve list period fixed under the recruitment rules.
Answering negatively, the judgment authored by Justice Datta culled out the key aspects of the waiting list candidates' right to be appointed on the vacant posts, such as: -
(i) a waiting list is normally prepared after the select/merit list is drawn;
(ii) it would include candidates who have qualified the recruitment examination but are not so meritorious such that they can be immediately appointed on the number of vacancies advertised;
(iii) such list would operate like a merit-based queue for vacancies that remain unfilled after offers of appointment given to the candidates in the select/merit list are not accepted;
(iv) a waiting list has a limited validity period;
(v) validity period of a waiting list depends on the recruitment rules and should no such period be mentioned, it can bona fide be operated till the next advertisement is issued without, however, violating provisions in such rules, if any, requiring recruitment process to be initiated either semi-annually or annually; and
(vi) an opportunity to a candidate in the waiting list for securing appointment arises only when vacancies remain unfilled after the process of appointing candidates from the select/merit list is over and hence, it is regarded as a procedural outcome which is part of a structured process rather than a fortuitous circumstance.
When Can A Wait-Listed Candidate Be Appointed On Vacant Post
Broadly, two situations emerge depending upon the reaction of the selected candidate upon receiving an offer of appointment.
Situation 1: “The first situation is, he may not accept the offer within the permitted time and the offer gets cancelled. If the waiting list is alive on the date of cancellation, there is no reason why the candidate figuring at the top of such list should not be offered appointment. An acceptable reason has to be provided in support of non-appointment by the appointing authority, because a public employer has no license to act arbitrarily.”
Situation 2: “The second situation arises when the selected candidate upon receiving an offer of appointment accepts such offer, joins the post but resigns immediately or some time thereafter. This could again result in emergence of two situations. The first is, when the resignation takes place during the validity period of the waiting list. In such a situation, the candidate next in line can legitimately be offered appointment, provided the waiting list is alive. Again, acceptable reason has to be assigned to justify non-appointment. However, upon resignation happening at a point of time when the waiting list is no longer alive, there is nothing much that the candidate can legitimately expect owing to his/her position in the said list.”
“We, thus, hold that a wait-listed candidate has no right of appointment, much less an indefeasible right, except when the governing recruitment rules permit a small window authorizing appointments therefrom in the specified exceptional circumstances and the appointing authority, for no good reason, denies or refuses an appointment or the reason assigned therefor is found to be arbitrary and/or discriminatory and that too, when the waiting list has not expired. What should be given primacy, therefore, is the nature and extent of right prescribed by the relevant rules.”, the court held.
Also From Judgment: Supreme Court Flags Prolonged Service Litigations Blocking Appointments, Calls For Judicial Introspection
Case : Rajasthan Public Service Commission v Yati Jain and others ( and connected matters)
Citation : 2026 LiveLaw (SC) 52