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TMI Blog2016 (5) TMI 1612X X X X Extracts X X X X X X X X Extracts X X X X ..... nch) vide advertisement dated 07.03.2007. Out of 52 posts, 27 posts were for General Category; 25 posts for reserved category which included 03 posts for Ex-servicemen; 02 posts for Physically Handicapped; 10 posts for Scheduled Castes; 03 posts for Scheduled Caste Ex-servicemen; 05 posts for Backward Classes; 01 post for Backward Class Ex-servicemen and 01 post for Sports Person. Preliminary examination was conducted on 27.05.2007. The main examination was conducted from 20th to 22nd July, 2007. The viva voce was conducted from 28th to 30th November, 2007 and final result was declared on 01.12.2007. 27 candidates from general category, 10 candidates from scheduled castes and 05 candidates from backward classes were declared successful and have joined in terms of letters of appointment issued to them. Eight posts were de-reserved in respect of the remaining unfilled vacant posts. As against the said de-reserved posts, seven candidates from the general category i.e. candidates upto Sl. No. 34 and 01 candidate from backward classes were offered appointments. However, three candidates belonging to general category namely Sumit Garg, Vijayant Sehgal and Yogesh Chaudhary placed at Sl. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree candidates of general category. It was further held that as against 27 vacancies available for general category candidates, 31 general category candidates have already joined and are actually working i.e. candidates much more than the vacancies advertised have been permitted to join and thus the select list of 2007-2008 stands exhausted. Aggrieved thereof, Appellants have preferred these appeals. Be it noted that Parminder Singh Grewal whose writ petition also came to be dismissed by the common judgment has not preferred any appeal. 6. Learned Counsel for the Appellants Ms. Kamini Jaiswal submitted that the Appellants had a right to be appointed in lieu of three vacancies falling vacant on account of non-joining of the candidates. To substantiate the contention, learned Counsel relied on Gujarat State Deputy Executive Engineers' Association v. State of Gujarat and Ors. (1994) 2 SLR 710 (SC) : (1994) Supp. 2 SCC 591. It was contended that the High Court erred by considering the issue of de-reservation of post even though the same was not raised before it. It was further urged that once the High Court concluded its view upon de-reservation, High Court should have directed ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Civil Judges in Punjab. At that time only 6 vacancies were available. To give effect to the said judgment of this Court, 16 temporary posts were sanctioned on 22.07.2008 by the Punjab Government with the stipulation that the posts will be abolished one by one as and when a vacancy becomes available. As per the orders of Hon'ble Supreme Court in that matter, only 17 candidates were issued appointment letters, 3 resultant vacancies of the year 2007-2008, stood consumed with the joining of 17 candidates. 11. It is fairly well-settled that merely because the name of a candidate finds place in the select list, it would not give him indefeasible right to get an appointment as well. The name of a candidate may appear in the merit list but he has no indefeasible right to an appointment (vide Food Corporation of India and Ors. v. Bhanu Lodh and Ors. (2005) 3 SCC 618; All India SC & ST Employees' Association and Anr. v. A. Arthur Jeen and Ors. (2001) 6 SCC 380 and Union of Public Service Commission v. Gaurav Dwivedi and Ors. (1999) 5 SCC 180. 12. This Court again in the case of State of Orissa and Anr. v. Rajkishore Nanda and Ors. (2010) 6 SCC 777, held as under: 14. A person w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the number of vacancies advertised is without jurisdiction, being violative of Articles 14 and 16(1) of the Constitution of India, thus, a nullity, inexecutable and unenforceable in law. In case the vacancies notified stand filled up, the process of selection comes to an end. Waiting list, etc. cannot be used as a reservoir, to fill up the vacancy which comes into existence after the issuance of notification/advertisement. The unexhausted select list/waiting list becomes meaningless and cannot be pressed in service any more. 13. In the instant case, as 13 vacancies of the general category had been advertised and filled up, the selection process so far as the general category candidates is concerned, stood exhausted and the unexhausted select list is meant only to be consigned to record room. 15. On behalf of the Appellants, it was contended that once posts were de-reserved and appointments were made as against the said de-reserved posts and the de-reservation was not challenged, High Court erred in going into the question of de-reservation. As noticed above, out of 52 posts of Punjab Civil Service (Judicial Branch) advertized, 08 posts of reserved category were not filled up a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order in writing de-reserve the seats reserved for candidates belonging to scheduled castes category. After insertion of Clause (4B) in Article 16 of the Constitution vide Eighty First (Amendment) Act, 2000, de-reservation could not have been done. Under Article 16(4B) of the Constitution of India, unfilled vacancies reserved for scheduled castes or scheduled tribes candidates are to be carried forward independent of ceiling of reservation of fifty per cent. The seats reserved for scheduled castes and scheduled tribes categories are to be filled only by specified category. Therefore, High Court was right in finding fault with the de-reservation of the seven posts which were filled by candidates belonging to general category and we do not find any reason warranting interference. 17. Learned Counsel for the Appellants contended that when the other candidates were appointed in the post against de-reserved category, the same benefit should also be extended to the Appellants. Article 14 of the Constitution of India is not to perpetuate illegality and it does not envisage negative equalities. In State of U.P. And Ors. v. Rajkumar Sharma And Ors. (2006) 3 SCC 330 it was held as under: ..... 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