Court affirms that inclusion in Rank List does not guarantee appointment; policy-driven post abolition not unconstitutional.
In a significant ruling, the Kerala High Court has dismissed appeals challenging the abolition of 34 vacancies for the post of Office Attendants in the High Court's services. The judgment, delivered by Justices Devan Ramachandran and Basant Balaji, reaffirms the principle that inclusion in a Rank List does not confer an indefeasible right to appointment.
The case arose when appellants, who were included in the Rank List based on a notification dated December 19, 2019, contended that the abolition of vacancies was illegal and destroyed the purpose of the Rank List. The appellants argued that the vacancies were abolished by the government at the High Court's request, which they claimed was unconstitutional.
However, the High Court, relying on its previous decisions and the constitutional provision of equality under Article 14, maintained that the abolition of vacancies was a policy decision free from mala fides. The court observed that appointments could only be made against available vacancies and within statutory provisions, underscoring that policy decisions do not inherently breach constitutional equality unless proven to be arbitrary or made in bad faith.
The appellants' counsel, Sri. Sivan Madathil, argued that the High Court's actions amounted to a breach of trust, especially when a subsequent notification sought to fill 34 vacancies during the currency of the same Rank List. In defense, the High Court's counsel, Sri. S. Radhakrishnan, clarified that the vacancies mentioned in the subsequent notification pertained to anticipated future vacancies post expiration of the Rank List.
The court recognized the appellants' concerns but highlighted that the absence of available vacancies at the relevant time precluded their appointments. The ruling reiterates that governmental and institutional policy decisions, absent evidence of wrongful intent, remain beyond judicial intervention under Article 226 of the Constitution.
Ultimately, the court dismissed the appeals, aligning with the learned Single Judge's assessment that the abolition of vacancies was justified and not capricious.
Bottom line:-
Inclusion in a Rank List does not confer an indefeasible right to appointment, and vacancies abolished in accordance with policy decisions cannot be challenged unless mala fides or other vitiating factors are proven.
Statutory provision(s): Article 14 of the Constitution of India
Sreeparvathy R.S. v. High Court of Kerala, (Kerala)(DB) : Law Finder Doc id # 2918767
