Waitlisted Candidate Has No Right to Fresh Posting Once Recommended Post Was Not Joined and Old Selection Act Stood Repealed
Case Name: Dr. Manoj Kumar Rawat v. State of UP & Ors.
Citation: 2026 INSC 508
Date of Judgment/Order: 19 May 2026
Bench: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Held: The Supreme Court held that a waitlisted candidate who has already been recommended for appointment to a particular institution under the Uttar Pradesh Higher Education Services Commission Act, 1980 cannot later demand a change of posting to another college merely because he did not join the earlier recommended post and another vacancy subsequently became available. The Court clarified that Section 13(4) of the old Act cannot be interpreted broadly to permit such a fresh recommendation or change of posting, as the word “otherwise” must be read ejusdem generis with death, resignation or similar unforeseen vacancies, in line with Kamlesh Kumar Sharma v. Yogesh Kumar Gupta. The Court further held that after the Uttar Pradesh Education Service Selection Commission Act, 2023 came into force and repealed the old Act, the previous select list could not be revived for making fresh recommendations, and appointments thereafter had to follow the procedure under the new Act.
Summary: The appellant was placed at Serial No. 59 in the waitlist prepared pursuant to Advertisement No. 49 of 2019 for appointment as Principal in aided PG and UG colleges in Uttar Pradesh. On 03.08.2022, his name was recommended for appointment as Principal of Shri Bajrang P.G. College, Ballia, but he did not take steps to join that institution and later submitted a representation on 26.06.2023 seeking posting in another college, including Meerut College, citing family circumstances. The Director initially informed the State Government on 17.08.2023 that once a recommendation had been made, there was no provision for change of place of posting under the applicable law. Thereafter, the new Act came into force on 21.08.2023, repealing the old Act. Despite this, the authorities issued orders dated 13.12.2023, 12.01.2024 and 15.01.2024 recommending the appellant for appointment as Principal of Meerut College. The Officiating Principal of Meerut College challenged these orders, and the High Court set them aside. The Supreme Court affirmed the High Court’s conclusion, holding that the only act saved under the repeal clause was the earlier recommendation dated 03.08.2022, not any later change of posting or fresh recommendation under the repealed law.
Decision: The Supreme Court dismissed the appeal and upheld the orders of the Single Judge and Division Bench of the Allahabad High Court, which had quashed the recommendation and consequential orders appointing the appellant as Principal of Meerut College. The Court held that the appellant’s claim was contrary to both the old Act and the new Act, and that after repeal of the old Act, the authorities were bound to proceed under Sections 10 and 11 of the new Act for future appointments. The Court also criticized the conduct of State officials for supporting an unlawful stand contrary to the statutory scheme and observed that the Chief Secretary of Uttar Pradesh may examine the conduct of the officers concerned. Pending applications were disposed of, and parties were directed to bear their own costs.