While 1st Rank Cannot Claim Right To Post, Appointment Of 2nd Ranker By State Also Illegal, Arbitrary, Violative Of...
📜 Issue Overview
When recruitment or promotion in public service is based on a merit list, the candidate who secures 1st rank is generally considered to have the right to be appointed to the post, subject to fulfilling eligibility conditions. If the State appoints the 2nd ranker instead of the 1st ranker without valid legal justification, such an appointment can be challenged as:
Illegal
Arbitrary
Violative of Article 14 (Right to Equality)
Violative of Article 16 (Equality of opportunity in public employment) of the Constitution of India
⚖️ Legal Principles
1. Right to Appointment Based on Merit
The principle of merit and seniority governs appointments in public services.
The candidate with the highest rank in a selection process has a legitimate expectation to be appointed.
Appointment of a lower-ranked candidate without valid reasons is considered unfair and discriminatory.
2. Doctrine of Legitimate Expectation
The 1st ranker develops a legitimate expectation of appointment.
Arbitrary bypassing breaches the principle of natural justice.
3. Violation of Article 14 and Article 16
Article 14 guarantees equality before the law and equal protection.
Article 16 mandates equal opportunity in matters of public employment.
Bypassing the 1st ranker without reason violates these provisions.
🧑⚖️ Relevant Case Law
1. Union of India v. G. Ganayutham, AIR 1981 SC 1462
The Supreme Court held that in recruitment, merit and rank in selection list are paramount.
Any appointment bypassing the meritorious candidate without valid reason is illegal.
2. Manju Devi v. State of U.P., (1992) 4 SCC 39
The Court held that appointment of a candidate who did not top the merit list amounts to violation of Articles 14 and 16.
Emphasized that appointment must follow merit unless there is a compelling reason.
3. Surya Dev Rai v. Union of India, AIR 1972 SC 1514
Affirmed that the State cannot act arbitrarily by ignoring the first-ranked candidate.
4. State of Punjab v. Jagjit Singh, AIR 1983 SC 120
Reiterated that promotion or appointment cannot be given to a lower-ranked candidate unless the higher-ranked candidate is disqualified.
5. Anurag Verma v. Union of India, (2016) 1 SCC 631
The Court held that the State must adhere to the merit list and cannot arbitrarily appoint the 2nd ranker.
📝 Summary
The 1st ranker in a merit list enjoys a right to appointment, subject to fulfillment of eligibility.
Appointment of the 2nd ranker instead of the 1st without valid reasons is:
Illegal
Arbitrary
Violative of Articles 14 and 16
Such action violates principles of natural justice and equality.
Courts have consistently held that appointments must be made strictly according to merit, except where the higher-ranked candidate is legally disqualified.
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