In Brief
In 2011, Karnataka's Public Service Commission conducted recruitment for 362 Gazetted Probationer posts across multiple services. A selected candidate for the Assistant Commissioner post failed to complete mandatory medical examination and police verification. The respondent, selected for another post but next-in-line for the unfilled position, sought appointment to that vacancy. The Supreme Court held that recruitment rules do not permit filling such vacancies by moving down the select list. The Rules contemplate lists only for notified vacancies with no provision for reserve or waiting lists. Mere inclusion in a select list does not confer an automatic right to appointment. Without explicit statutory authorization, a vacancy arising from a selected candidate's non-completion of formalities cannot be filled from the same list.
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