No Vested Right To Appointment Merely By Topping Merit List; Recruitment Can Be Cancelled For Bona Fide Administrative Reasons: Delhi High Court

The Delhi High Court has held that a candidate topping a selection process does not confer on him an indefeasible right to appointment. [2026 LiveLaw (Del) 611]A division bench of Justices C. Hari Shankar and Om Prakash Shukla observed that a recruitment process can be cancelled for bona fide administrative reasons, provided the decision is not arbitrary or tainted by mala fides. It dismissed the petition filed by retired Subedar Major Ashok Kumar Verma and upheld the Ministry of Defence's decision to cancel the 2016 recruitment process for the post of Civilian Assistant Security Officer (CASO), despite the petitioner having secured the highest marks in the selection.Verma said after the selection process, no appointment orders were issued as the file remained pending for several months due to uncertainty over the competent authority required to approve the Selection Committee's recommendations. Ultimately, in February 2019, the Joint Secretary (Army) directed that the recruitment process be restarted afresh to ensure transparency and equal opportunity, leading to its cancellation and the issuance of a fresh notification.Before the High Court, Verma contended that he had a legitimate expectation of appointment after being selected and argued that he could not be made to suffer because of administrative lapses on the part of the Ministry.Rejecting these submissions, the High Court reiterated that inclusion in a select list does not create a vested right to appointment in the absence of a formal appointment order. Relying on Shankarsan Dash v. Union of India (1991), Employees State Insurance Corporation v. Dr. Vinay Kumar (2022), and State of Assam v. Arabinda Rabha (2025), it observed that while the State cannot act arbitrarily, it retains the discretion to cancel a recruitment process for valid administrative reasons.“In this case, the cancellation was based on administrative considerations such as delay and procedural uncertainty, rather than allegations of irregularity or mala fide actions,” the Court concluded.It added,“It is indeed unfortunate that despite having undergone the rigours of selection, the Petitioner could not be appointed on account of the subsequent administrative decision to cancel the recruitment process. However, where the competent authority, for valid and bona fide reasons, decides to cancel the recruitment process and initiate the same afresh, no enforceable right accrues to the candidate merely on the basis of his participation or placement in the select list. In such circumstances, while the hardship faced by the Petitioner is acknowledged, the same cannot be a ground to grant relief contrary to law.”As such, the Court dismissed the writ petition.Appearance: Mr. Yudhvir Singh Chauhan, Adv. for Petitioner; Mr. Rajesh Gogna, Ms. Rebina Rai, Ms. Hibu B. Monio, Ms. Punita Jha and Mr. Shivam Tiwari, Advs. for RespondentsCase title: Subedar Major Ashok Kumar Verma (Retd) v. Ministry Of Defence & AnrCitation: 2026 LiveLaw (Del) 611Case no.: W.P.(C) 12661/2019Click here to read order

No Vested Right To Appointment Merely By Topping Merit List; Recruitment Can Be Cancelled For Bona Fide Administrative Reasons: Delhi High Court

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No Vested Right To Appointment Merely By Topping Merit List; Recruitment Can Be Cancelled For Bona Fide Administrative Reasons: Delhi High Court

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