Can a Candidate Who Ranks Lower Than the Notified Number of Vacancies Claim Appointment After a Selection Process? Calcutta High Court Reaffirms Law on Right to Appointment and Delay in Challenging Selection Results

The Calcutta High Court clarified that a candidate ranking below the notified number of vacancies (third against a single vacancy) cannot claim an appointment as of right, and unexplained delay in approaching the court also bars relief. This decision upholds the prevailing legal position on selection process outcomes and delay/laches, serving as binding authority for similar service law matters under its jurisdiction.

 

Summary

Category Data
Case Name WPA/2131/2025 of RAMESH CHANDRA BARMAN Vs THE STATE OF WEST BENGAL AND ORS.
CNR WBCHCJ0050782025
Date of Registration 26-09-2025
Decision Date 28-10-2025
Disposal Nature DISMISSED
Judgment Author HON’BLE JUSTICE HIRANMAY BHATTACHARYYA
Court Calcutta High Court
Bench Court No. 2, Circuit Bench at Jalpaiguri, Appellate Side
Precedent Value Binding on subordinate courts within Calcutta High Court’s jurisdiction
Type of Law Service Law (Appointment to Reserved Post)
Questions of Law
  • Whether a candidate placed below the notified vacancy can claim appointment
  • Whether unexplained delay disentitles relief in public employment selection process
Ratio Decidendi

The court held that where only one vacancy is notified under a reserved category, a candidate placed third in merit under that category has no right to appointment.

Furthermore, the court noted that the challenge was made long after the 2016 process, with no explanation for the delay, and on that ground alone, no relief can be given.

Facts as Summarised by the Court The petitioner, claiming to be from the Scheduled Caste, challenged the non-appointment to the ICTC Counselor post, despite being third in merit in 2016. Only one vacancy was notified for Scheduled Caste; writ filed in 2025.

Practical Impact

Category Impact
Binding On All subordinate courts within Calcutta High Court’s jurisdiction
Persuasive For Other High Courts considering similar issues of merit ranking and delay in selection disputes

What’s New / What Lawyers Should Note

  • Reaffirms that mere participation in a selection process or being empaneled does not guarantee appointment; only those within the notified vacancies may claim so.
  • Court refuses relief for claims brought after an inordinate and unexplained delay, even if substantive arguments exist.
  • The decision confirms lack of locus for non-selected/lower-ranked candidates in public employment litigation regarding non-appointment.

Summary of Legal Reasoning

  • The court found the petitioner’s rank under the Scheduled Caste category was third, whereas only one vacancy existed. There is no claim as of right to a position for candidates beyond the notified number of vacancies.
  • The court highlighted the selection occurred in 2016, while the challenge was initiated only in 2025. Such an unexplained, substantial delay justifies refusal of relief on grounds of laches.
  • Both on merit (no right to appointment when not within vacancy) and procedural grounds (inordinate delay), the writ petition was dismissed.

Arguments by the Parties

Petitioner

  • Sought direction for appointment as ICTC Counselor, claiming eligibility and successful participation in the selection process, and Scheduled Caste status.

Respondent (State)

  • Submitted that only one vacancy was available under the Scheduled Caste category.
  • Stated the petitioner ranked third and thus had no rightful claim to the position.

Factual Background

The petitioner, claiming Scheduled Caste status, participated in a 2016 selection process for the post of ICTC Counselor conducted by the respondent authorities. Only one vacancy was notified for the Scheduled Caste category, and the petitioner was placed third in merit within that category. The authorities did not select him. The petitioner filed a writ petition in 2025, seeking a direction for appointment.

Alert Indicators

  • ✔ Precedent Followed – The decision follows and reaffirms settled law on right to appointment and laches in service law matters.

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