शंकरसन दास बनाम भारत संघ
| Citation | (1991) 3 SCC 47 |
| Court | Supreme Court of India |
| Date | 22 March 1991 |
| Year | 1991 |
| Bench | K. Jagannatha Shetty, R.M. Sahai JJ. |
| Acts/Articles | Article 14, Article 16 |
| Category | Service & Employment Law |
Key Principle Established
A candidate on the select list has no indefeasible right to appointment. The State is not bound to fill all available vacancies. However, the State cannot act arbitrarily or in a mala fide manner.
Selected candidates whose names appeared on the select list were not appointed despite availability of vacancies.
The Court held that mere inclusion in the select list does not confer an indefeasible right to appointment. The State is not bound to fill every vacancy. However, the State cannot act arbitrarily — if vacancies exist and there is no justifiable reason for not appointing, refusal to appoint may be challenged.
This judgment established the legal framework for rights of select-list candidates — balancing State discretion with protection against arbitrary refusal to appoint.
2014 SCC OnLine P&H 22487
Government policy on regularization of contractual employees under HKRNL must be implemented uniformly. Selective application violates Article 14.
Read Analysis(1993) 2 SCC 411
Recruitment bodies must follow fair and transparent selection processes. Any irregularity in the recruitment process vitiates the entire selection.
Read Analysis(1982) 1 SCC 618
Equal pay for equal work is a constitutional goal derivable from Articles 14, 16, and 39(d) read together.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.