No Filling Vacancy from Same Select List Without Waiting List

Case Details: State of Karnataka vs. Santhosh Kumar C - [2026] 184 taxmann.com 541 (SC)

Judiciary and Counsel Details

Vikram Nath & Sandeep Mehta, JJ.

Facts of the Case

In the instant case, the question was placed before the Supreme Court regarding whether the vacancy from selected candidate’s non-joining in 2011 recruitment can be filled from same select list as the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997, lack waiting list mechanism.

It was noted that under 1997 Rules, a vacancy arising in course of 2011 recruitment process on account of a selected candidate not undergoing mandatory pre-appointment formalities or not reporting for duty could not be claimed, as of right, by candidate immediately next below in order of selection, and such vacancy had to be treated in accordance with governing rules as a vacancy to be filled only through a subsequent recruitment process.

Further, the 1997 Rules did not provide for any reserve list, waiting list, or additional list, nor did they contain any provision enabling State to revert to same list and travel further downward to fill a post left unfilled on account of non-completion of pre-appointment formalities or non-joining by a selected candidate.

Supreme Court Held

The Supreme Court held that the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022, which validated 2011 batch selection and mandated issuance of appointment orders as per KPSC selection list, underscored legislative intent to attach finality to 2011 selection and appointments as made in accordance with KPSC selection list.

Therefore, the High Court was not justified in holding that Rule 11(3) of 1997 Rules had no application to case at hand.