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2016 (5) TMI 1612 - SC - Indian LawsEntitlement to claim legal right in respect of the posts remained unfilled as the select list stood exhausted with the joining of the candidates to the extent of posts advertised - HELD THAT:- Merely because some persons have been granted benefit illegally or by mistake, it does not confer right upon the Appellants to claim equality. Learned Counsel for the Appellants submitted that the Appellants have been pursuing the matter for about eight years and even today there are vacancies in Punjab Judicial Service and thus prayed that direction be issued to the Respondents to consider the case of the Appellants as against the existing vacancies. This contention does not merit acceptance. Appointment to an additional post or to existing vacancies would deprive candidates who were not eligible for appointment to the post on the date of submission of the applications mentioned in the advertisement but became eligible for appointment thereafter. The High Court rightly held that the candidates much more than the vacancies advertised have already been permitted to join and thus the Appellants cannot claim any legal right in respect of the posts of reserved category remaining unfilled. The impugned judgment does not suffer from any infirmity warranting interference in exercise of our jurisdiction under Article 136 of the Constitution of India. Appeal dismissed.
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