Supreme Court: Waitlisted Candidates Have No Right Once Vacancies Are Filled

The Supreme Court set aside the Calcutta High Court’s order directing the notional absorption of a 1997 waitlisted candidate by All India Radio, noting that waitlists cease once all selected candidates join.

A Division bench of Justices P.S. Narasimha and Atul S. Chandurkar observed that the candidate’s claim extinguished when vacancies were filled, and a 1999 assurance by government counsel could not override statutory recruitment rules.

The Court further held that treating waitlists as permanent appointment sources would prejudice future candidates and violate regulations, affirming that only selected candidates possess enforceable rights.

[The Union of India & Ors v Subit Kumar Das]