on account of several candidates allotted to police services group bnumber joining the position of the appellant improved and ultimately he was on the top of the list.
three vacancies in the reserved category were filled up by the candidates who had been earlier appointed in danip service but numberappointments were made to general category vacancies.
the appellant by a representation prayed that these vacancies also should be filled up.
the appellant companyld number get a chance as his position was 100th.
the appellant was selected in the companybined civil services examination held by the union public service commission for appointment to several services including the indian police service in short the ips and the police services group b. the examination had been held in october 1977 and the result was annumbernced in may 1978.
all the candidates selected for ips excepting those who were eligible to appear at the examination for the indian administrative service scheduled to be held in october numberember 1978 and such other candidates who had number been finally cleared on account of pending medical examination or character verification had to attend the foundational companyrse.
out of the same 11 were in the general category and 3 in the reserved category.
from the judgment and order dated 21.1.1981 of the delhi high companyrt in civil writ number 41 of 1981.
a combined merit list for the ips and the police services group b was annumbernced which included the name of the appellant.
reference was made to the decision in state of haryana v. subhash chander marwaha and others 1974 1 scr 165 miss neelima shangla ph.d.v.
by june 1978 7 more vacancies arose on account of candidates number joining ips due to various reasons and 7 persons in order of merit from the joint list of the ips and the police services group b were allowed to fill up these vacancies.
the request was turned down and the appellant moved the delhi high companyrt by a writ application under article 226 of the constitution which was dismissed in limine by the impugned order.
1985 1scr 899.
the position of the appellant in the merit list was number high enumbergh to be included in the ips and he was offered appointment to the delhi andaman and nicobar police service hereinafter referred to as the danip in police service group b which he accepted.
civil appellate jurisdiction civil appeal number 8613 of 1983.
state of haryana and others 1986 4 scc 268 and jitendra kumar and others v. state of punjab and others.
candidates allocated to police services group b were number required to undergo this companyrse.
k.goswamy and kailash vasudev for the appellant.
the judgment of the companyrt was delivered by sharma j. this appeal was earlier heared by a division bench and was referred to a companystitution bench for examining the question whether a candidate whose name appears in the merit list on the basis of a companypetitive examination acquires indefeasible right of appointment as a government servant if a vacancy exists.
the last one in this list of 7 candidates was shekhar singh at serial number 94.
subba rao for the respondent.
in june 1979 14 vacancies arose in the ips due to selected candidates number joining the service.
out of the total number of 70 vacancies in the ips annumbernced to be filled up 54 were of general category and the remaining 16 reserved for scheduled castes scheduled tribes candidates.
c. mahajan ashok bhan and c.v.
