SC:If one can’t challenge recruitment process, he can’t challenge select list

The Hon’ble Supreme Court, in the matter of  Vishal Ashok Thorat and ors. v. Rajesh Shrirambapu Fate & ors.  observed that when a person is not permitted to challenge the advertisements and process of recruitment, the select list which is outcome of such recruitment process cannot be interfered at the instance of such person.

The Hon’ble Supreme Court observed that:

When a person is not permitted to challenge the advertisements and process of recruitment, the select list which is outcome of such recruitment process cannot be interfered at the instance of such person. (Para 32)

The claim pertaining to seniority may be laid on different grounds. There may be cases where seniority is claimed against individual person on specific facts, it might be necessary to implead those persons but there may be cases where non-impleadment of person in seniority dispute may not be fatal. (Para 36)

It may be true that by mere inclusion in the select list, there is no right of appointment but by inclusion in the select list the candidate is entitled for consideration for his appointment, which could not have been denied without there being any valid reason. (Para 37)

Copy of judgement: Judgement_19-Jul-2019

-Tushar Kaushik

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