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2006 (9) TMI 569 - SUPREME COURT OF INDIA

2006 (9) TMI 569 - SUPREME COURT OF INDIA - TMI - Appeal (civil) 4261 of 2006 - Dated:- 26-9-2006 - S.B. Sinha And Dalveer Bhandari JUDGMENT: S.B. SINHA, J. Leave granted. The Bihar State Subordinate Service Selection Board issued an advertisement for appointment of 225 posts of Live Stock Assistants in the Animal Husbandry Department. Respondent herein pursuant to or in furtherance of the said advertisement applied therefor. He was declared successful. On or about 21.12.1992, Respondent herein .....

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e Department had appointed maximum candidates till date and the appointment proceeding is going on for the remaining advertised 225 posts. My Serial Number is more above in the recommended merit list and junior persons to me have been appointed but I have not received any appointment letter till date for my joining. During the period of enquiry, I have come to know that the appointment letter of the selected candidates have been forwarded, whereas I have not received appointment letter till now. .....

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said subject matter that in the light of the subject matter, advertisement by the Bihar Public Service Commission, I had recommended for appointment. It comes to know that the department had appointed maximum candidates but till date, I have not received my appointment letter. I have been reminding to the Department for a very long period but I have not received any appointment letter by the department till date." A notice on similar terms was issued by him in the year 2000. As his prayer w .....

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presentation in this Department, the case of the petitioner was referred to the Law Department, Government of Bihar, for opinion and the opinion of the learned Advocate General, Bihar was also sought and tendered. In the light of the opinion given by the Law Department/learned Advocate General, the representation of the petitioner was rejected vide Annexure-5 of the writ application." The said writ petition was taken up for hearing in 2004. The High Court allowed the same, stating : "W .....

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post of Pashudhan Sahayak which is still vacant. In the given facts and circumstances of the case, therefore, the authorities concerned are directed to accept the joining of the petitioner on the post of Pashudhan Sahayak pursuant to his selection vide order as contained in Annexure 2 within a period of four weeks from the date of receipt/production of a copy of this order." A Letters Patent Appeal preferred by Appellants was summarily dismissed by an order dated 03.03.2005. A notice was is .....

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below him in the selection list had already been permitted to join. Admittedly, he came to know thereabout in 1994. He allegedly filed a representation and although no reply thereto was given, he did not take any step soon thereafter. He filed another representation only in 1995. He filed the writ petition after a long period i.e. in 2001 when his purported representation filed in the year 1999 was rejected. In the aforementioned situation, in our opinion, he did not have any legal right to be a .....

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acancies or not, the prospective candidates can easily find out from the Office of the Commission that the requisition for the proposed recruitment is for filling up 11 vacancies. In such a case a given candidate may not like to compete for diverse reasons but if requisition is for larger number of vacancies for which recruitment is initiated, he may like to compete. Consequently the actual appointments to the posts have to be confined to the posts for recruitment to which requisition is sent by .....

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In State of U.P. and Others. v. Harish Chandra and Others [(1996) 9 SCC 309], this Court stated the law in the following terms : "Coming to the merits of the matter, in view of the Statutory Rules contained in Rule 26 of the Recruitment Rules the conclusion is irresistible that a select list prepared under the Recruitment Rules has its life only for one year from the date of the preparation of the list and it expires thereafter" Yet again in Surinder Singh and Others v. State of Punjab .....

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e High Court that since vacancies had not been worked out properly, therefore, the candidates from the waiting list were liable to be appointed. Candidates in the waiting list have no vested right to be appointed except to the limited extent that when a candidate selected against the existing vacancy does not join for some reason and the waiting list is still operative. The decisions noticed hereinbefore are authorities for the proposition that even the waitlist must be acted upon having regard .....

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cannot interpret the provisions of the said Act ignoring the binding decisions of the Constitution Bench of this Court only by way of sympathy to the workmen concerned. In A. Umarani v. Registrar, Coop. Societies this Court rejected a similar contention upon noticing the following judgments: (SCC pp. 131-32, paras 68-70) "68. In a case of this nature this Court should not even exercise its jurisdiction under Article 142 of the Constitution of India on misplaced sympathy. 69. In Teri Oat Es .....

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ision. 37. As early as in 1911, Farewell, L.J. in Latham v. Richard Johnson & Nephew Ltd. observed: (All ER p. 123 E) "We must be very careful not to allow our sympathy with the infant plaintiff to affect our judgment. Sentiment is a dangerous will o' the wisp to take as a guide in the search for legal principles." 70. Yet again, recently in Ramakrishna Kamat v. State of Karnataka this Court rejected a similar plea for regularisation of services stating: (SCC pp. 377-78, para 7 .....

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