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Supreme Court of India 2018-11-27 allowed

Gagandeep Singh vs State of Punjab & Ors

Bench: 2 — Kurian

In Brief

Gagandeep Singh, ranked third in a 2012 merit list for District Programme Officer in a reserved category post (Balmiki/Majbhi Sikh), sought appointment after the incumbent appointed in 2013 resigned in 2014. The State rejected his claim, arguing the reserved vacancy was "consumed" and required re-advertisement. The Court held that under 1980/1996 government guidelines, a vacancy in a reserved post arising before the merit list expires must be filled from the existing list in order of merit—not re-advertised. The Department has no discretion. The Court allowed the appeal, directing the State to appoint from the merit list within two months.

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