Pradip Kumar and Ors. v. The State Of Bihar and Ors.
Case brief
What is this about?
CWJC No.1944 of 2017, Patna High Court, Partha Sarthy J, 19-01-2026; 26 petitioners sought direction to advertise and fill vacant sanctioned post of Mali; vacancy and select-list placement confer no legal right to appointment; relied on State of Haryana v. Subhash Chandra Marwaha (1974) 3 SCC 220, Shankarsan Dash v. Union of India (1991) 3 SCC 47, S.S. Balu v. State of Kerala (2009) 2 SCC 479; writ application dismissed.
What did the court decide?
On the Supreme Court rulings relied upon, the mere existence of vacancies does not confer on a candidate a legal right to be selected or appointed, and even a candidate whose name figures in a select list acquires no legal right to appointment; accordingly the petitioners had no enforceable entitlement to the direction sought. ¶3