Inclusion in reserve or waitlist does not confer right to appointment

In Union of India v. Respondent (Technicianโ€”All India Radio, Eastern Zone), the Supreme Court allowed the appeal and set aside the Calcutta High Courtโ€™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 Unionโ€™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 respondentโ€™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 Courtโ€™s judgment and restored the CATโ€™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.

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Leave a Reply

Your email address will not be published. Required fields are marked *

Next Article

NALSAR Access to Justice Program for Prisoners Internship: Applications Rolling

NALSAR University of Law has officially announced that applications are open for 2026 for its prestigious internship opportunity under the Access to Justice Program for Prisoners. The university is inviting applications for four intern positions aimed at strengthening legal aid delivery for prisoners across Telangana. This initiative reflects NALSARโ€™s long-standing commitment to social justice, legal empowerment, and inclusive access to legal remedies for some of the most marginalized communities in society.

The NALSAR Access to Justice Program for Prisoners internship is designed for individuals who are passionate about criminal justice reform, human rights, and grassroots legal support. Through this program, interns gain first-hand exposure to the realities of the prison system, legal aid mechanisms, and the structural challenges faced by incarcerated individuals. The internship offers a unique blend of legal learning, field engagement, and social impact.

About the Access to Justice Program for Prisoners

The Access to Justice Program for Prisoners at NALSAR University of Law works toward strengthening legal aid delivery mechanisms for prisoners in Telangana. Many individuals in prisons face systemic vulnerabilities such as:

  • Poverty and economic insecurity
  • Belonging to marginalized or underrepresented communities
  • Illiteracy and limited access to legal awareness
  • Employment in the informal sector without stable legal protection

These factors often prevent prisoners from effectively accessing legal remedies, timely representation, and information about their rights. The program addresses these gaps by working directly with prison authorities, legal aid institutions, lawyers, and civil society organizations to ensure that prisoners are not excluded from the justice system due to social or economic disadvantage.

The NALSAR Access to Justice Program for Prisoners internship allows selected interns to contribute meaningfully to this mission by supporting research, documentation, legal awareness initiatives, and on-ground activities within the prison justice ecosystem.

Internship Details: Key Information

Applicants interested in the NALSAR Access to Justice Program for Prisoners internship should note the following details:

  • Position: Intern
  • Number of Positions: 4
  • Duration: Over one month
  • Location: Hyderabad
  • Remuneration: Travel allowance + Honorarium
  • Application Mode: Rolling basis
  • Application Email: (click the quick apply button above)

This internship is based in Hyderabad and offers a structured learning environment for individuals who want to understand how legal aid is delivered in practice, particularly within the criminal justice and prison systems.

Who Should Apply?

NALSAR University of Law strongly encourages applications from individuals belonging to marginalized backgrounds. The program recognizes that lived experience and social context play a vital role in building inclusive justice systems. Applicants from historically disadvantaged communities bring valuable perspectives that strengthen the programโ€™s outreach and impact.

The NALSAR Access to Justice Program for Prisoners internship is suitable for:

  • Law students and recent graduates
  • Social work, public policy, and human rights students
  • Individuals interested in criminal justice reform
  • Those committed to working with vulnerable and marginalized populations
  • Candidates seeking practical exposure to legal aid delivery

While prior experience in legal aid or prison-related work is beneficial, it is not mandatory. What matters most is a demonstrated interest in social justice, empathy for marginalized communities, and a willingness to engage with complex legal and social issues.

Learning Outcomes and Professional Growth

Interns selected for the NALSAR Access to Justice Program for Prisoners internship gain practical experience that extends beyond classroom learning. The internship offers exposure to:

  • Legal aid delivery systems and institutional frameworks
  • Challenges faced by prisoners in accessing justice
  • Documentation and research related to prisoner rights
  • Community-oriented legal interventions
  • Field-based learning in collaboration with legal aid authorities

Participants develop essential skills such as legal research, stakeholder coordination, documentation, communication, and ethical fieldwork practices. The internship also provides an opportunity to work closely with legal academics and practitioners associated with NALSAR University of Law, making it a valuable addition to any aspiring legal professionalโ€™s profile.

Why This Internship Matters

The NALSAR Access to Justice Program for Prisoners internship plays a crucial role in addressing systemic inequalities within the criminal justice system. Many prisoners remain unaware of their legal rights or are unable to navigate legal procedures due to socio-economic barriers. By supporting legal aid initiatives, interns contribute to:

  • Reducing injustice caused by lack of representation
  • Improving access to timely legal remedies
  • Promoting dignity and human rights for incarcerated individuals
  • Strengthening the overall legal aid ecosystem in Telangana

This internship is not only an academic opportunity but also a chance to make a tangible difference in the lives of individuals who are often invisible within mainstream legal discourse.

Application Process and How to Apply

Applications for the NALSAR Access to Justice Program for Prisoners internship are accepted on a rolling basis, meaning candidates are encouraged to apply early to secure consideration. Interested applicants should email their application materials through the quick apply button above.

Applicants are advised to include a brief cover letter expressing their interest in the program and relevant background or motivation for applying. Since the positions are limited to four interns, early and well-articulated applications are recommended.


Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Next Article

Contact Us

For Submitting a Post

contact@lawdrishti.com

For Banner ads & admission campaigns

advertise@lawdrishti.com

Timing

Hours: 9 AM โ€“ 9 PM (Mon-Sat)

See the below animation to allow notifications.

Start getting Lawdrishti updates useful for you!

Contact Us

For Submitting a Post

For Banner ads & admission campaigns

Contact us
For Submitting a Post
For Banner ads & admission campaigns
Timing

Hours: 9 AM โ€“ 9 PM (Mon-Sat)