In a significant ruling on public recruitment rules, the Supreme Court of India has clarified that a candidate cannot claim appointment to a post left vacant due to another candidate’s non-joining, unless the governing rules specifically allow it.
The Court allowed an appeal filed by the State of Karnataka, overturning a Karnataka High Court decision that had directed consideration of a candidate for a higher post.
Background of the Case
The dispute arose from a 2011 recruitment process conducted by the Karnataka Public Service Commission (KPSC) for Gazetted Probationers.
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The respondent, an ex-serviceman, participated in the selection and was eventually appointed as Assistant Commissioner of Commercial Taxes in 2022. However, he later claimed that a higher post Assistant Commissioner in the Karnataka Administrative Service remained vacant because the selected candidate did not complete formalities or join duty.
He argued that being next in merit, he should be considered for that post.
The State rejected this request, stating that recruitment rules did not allow operation of the same select list beyond notified vacancies. The Tribunal upheld this view, but the High Court later ruled in favour of the candidate.
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A bench of Justice Vikram Nath and Justice Sandeep Mehta examined the Karnataka Recruitment Rules, 1997 in detail.
The Court noted that the rules require preparation of a select list strictly equal to the number of advertised vacancies, with no provision for a waiting or reserve list.
“The scheme of the Rules is not an open-ended reservoir of candidates,” the bench observed, emphasizing that lists are meant only for filling notified vacancies.
It further reiterated a settled legal principle that inclusion in a select list does not create an automatic right to appointment.
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“Even if a vacancy remains unfilled in fact, the crucial question is whether the Rules permit filling it from the same list,” the Court explained.
The bench found that no such provision existed.
Key Legal Issue
The central question before the Court was whether a candidate ranked below in the merit list could claim appointment to a post left vacant due to another candidate’s failure to join.
The Court answered this in the negative, holding that:
- Recruitment must strictly follow statutory rules
- Select lists cannot be extended beyond their intended scope
- Vacancies arising later must be treated as fresh vacancies unless rules say otherwise
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Allowing the appeal, the Supreme Court set aside the Karnataka High Court’s order dated April 21, 2025.
It upheld the Tribunal’s earlier decision and the State’s communication rejecting the respondent’s claim.
“The Rules do not confer any enforceable right to claim such appointment,” the bench concluded.
The writ petition filed by the respondent thus stands dismissed.
Case Details
Case Title: State of Karnataka & Ors. vs Santhosh Kumar C
Case Number: Civil Appeal arising out of SLP (C) No. 35896 of 2025
Judges: Justice Vikram Nath, Justice Sandeep Mehta
Decision Date: March 23, 2026
