Inclusion in reserve or waitlist does not confer right to appointment

In Union of India v. Respondent (Technician—All India Radio, Eastern Zone), the Supreme Court allowed the appeal and set aside the Calcutta High Court’s direction to appoint the respondent, holding that inclusion in a reserve/wait list does not confer a right to appointment once the advertised vacancies are filled.

The dispute arose from a 1997 recruitment for three SC-category Technician posts at All India Radio. The respondent, placed first in the reserved/wait list, was not appointed as all three selected candidates had joined. He approached the Central Administrative Tribunal (CAT), which dismissed his claim but directed that his case be considered if a vacancy arose later. In 2005, he again approached the Tribunal citing a subsequent SC vacancy, and the CAT directed his appointment. The High Court upheld this direction, prompting the Union’s appeal.

Before the bench of Justices Sri Narasimha Pamidighantam & Atul S. Chandurkar, it was contended that the 1997 selection process had concluded once all posts were filled, and no further appointment could be made from the same list after its expiry. The Court agreed, holding that the respondent’s inclusion in a waiting list did not create any enforceable right to appointment. It emphasised that a select list or waiting list remains valid only until the next selection cycle or the period explicitly prescribed in the recruitment rules.

Citing Shankarsan Dash v. Union of India (1991) 3 SCC 47 and State of Bihar v. Md. Kalimuddin (1996) 2 SCC 7, the Court reiterated that the mere existence of a vacancy does not entitle a candidate to appointment unless such vacancy arises within the currency of the same selection process. The subsequent vacancy in 2005 could not be linked to the 1997 recruitment, as the earlier process had long lapsed.

Accordingly, the Supreme Court set aside the High Court’s judgment and restored the CAT’s original finding that the respondent was not entitled to appointment, holding that both the Tribunal and High Court had exceeded their jurisdiction in directing appointment beyond the life of the select list.

Takeaway: Inclusion in a waiting list does not create a right to appointment once the advertised vacancies are filled. A select list lapses after its prescribed period, and later vacancies must be filled through fresh recruitment, not by revival of expired lists.

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Hiring Now: Legal Researcher – Rajasthan High Court, Jodhpur | Contractual

Legal Researcher | Rajasthan High Court, Jodhpur

Rajasthan High Court, Jodhpur, is inviting applications for the position of Legal Researcher on a contractual basis. Selected candidates will be deputed to assist Hon’ble Mr. Justice Bipin Gupta. This role provides an exceptional opportunity for fresh law graduates and postgraduates to gain hands-on experience in legal research, case analysis, and judicial operations within one of India’s premier high courts.

Organization Overview

Rajasthan High Court, Jodhpur, serves as the apex judicial body of the state of Rajasthan, dealing with civil, criminal, constitutional, and administrative matters. The High Court has a rich legacy of judicial excellence and aims to strengthen the legal ecosystem through academic and practical engagement. This opportunity is ideal for candidates looking to develop a career in legal research, litigation, judicial services, or policy-related legal work.

Location

Jodhpur, Rajasthan

The Legal Researcher will be based at the High Court premises in Jodhpur. The role requires close interaction with the judicial office, clerical staff, and legal databases to support accurate and timely research. Candidates will gain exposure to court procedures, case management systems, and judicial decision-making processes.

Position & Duration

  • Position: Legal Researcher
  • Engagement Type: Contractual
  • Tenure: As per Court’s requirements

This contractual role provides candidates with a structured learning experience, combining practical exposure to case law research with direct mentorship from an esteemed judicial officer.

Eligibility Criteria

Applicants must meet the following qualifications and skills:

  • Fresh Law Graduate (LL.B.) or Postgraduate in Law (LL.M.) from a recognized university/college/institution in India
  • Basic computer proficiency for drafting, legal research, and documentation
  • Strong analytical and critical thinking skills to evaluate case laws and legal precedents
  • Excellent writing and communication skills for drafting briefs, summaries, and research notes
  • Ability to maintain confidentiality and work with high professional ethics
  • Attention to detail and organizational skills to manage multiple research assignments efficiently

Key Responsibilities

As a Legal Researcher, the selected candidate will be entrusted with a variety of responsibilities that provide comprehensive exposure to legal processes and judicial functions:

  • Conduct thorough legal research on statutes, regulations, case laws, and precedents relevant to ongoing matters before Hon’ble Mr. Justice Bipin Gupta
  • Draft research briefs, case summaries, and reference notes to support judicial decision-making
  • Prepare notes for hearing schedules, interim orders, and judgments
  • Analyze legal documents and provide insights on case strategy or points of law
  • Assist in reviewing petitions, applications, and affidavits for correctness and compliance
  • Maintain a well-organized repository of case materials and research outputs
  • Undertake additional responsibilities assigned by the Court to ensure smooth functioning of judicial operations

This role allows candidates to gain a deep understanding of procedural and substantive law, enhance research acumen, and acquire firsthand exposure to high-quality judicial reasoning.

Candidate Profile

The ideal candidate for this Legal Researcher position will demonstrate the following attributes:

  • Enthusiasm for research and understanding legal principles in depth
  • Proactive attitude to anticipate requirements and deliver high-quality work
  • Ability to work independently as well as collaboratively in a legal team environment
  • Strong organizational skills to manage multiple research projects simultaneously
  • Professional demeanor with a commitment to punctuality and reliability

Salary & Benefits

  • Remuneration: As per Rajasthan High Court norms
  • Candidates will receive structured guidance and mentorship from senior judicial officers
  • Opportunity to build professional networks within the judiciary and legal research community
  • Certificate of engagement upon successful completion of the tenure

How to Apply

Interested candidates should apply online via the official Rajasthan High Court portal:
https://lnkd.in/gsSVQ-iE

Candidates must ensure that all educational certificates, identification proofs, and other supporting documents are uploaded as per the application instructions. Early application is recommended to avoid missing the deadline.

Last Date to Apply

28th August 2025

Why This Opportunity is Valuable

The Legal Researcher role at Rajasthan High Court, Jodhpur, provides fresh law graduates and postgraduates with an immersive environment to learn from real judicial practices. Candidates will gain insights into court proceedings, legal drafting, and case law analysis, while working closely with Hon’ble Mr. Justice Bipin Gupta. This exposure is invaluable for pursuing careers in litigation, judicial services, research, or academic law.

Final Takeaway

This is a golden opportunity for motivated law graduates and postgraduates seeking a career in legal research and judicial assistance. By working directly under a distinguished judge, the candidate will acquire skills and experience that are highly respected in the legal profession. Strong research aptitude, analytical thinking, and a commitment to excellence are key to thriving in this role. Candidates are encouraged to submit their applications promptly for consideration.


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