No Cadre Change After Selection Finalised | SC

Case Details: Rupesh Kumar Meena vs. Union of India [2026] 183 taxmann.com 177 (SC)

Judiciary and Counsel Details

• Rajesh Bindal & Atul S. Chandurkar, JJ.

Facts of the Case

In the instant case, the appellant was an IPS Officer of the Tamil Nadu Cadre. He was selected against a vacancy meant for the Scheduled Tribe (ST) category. The appellant was third in the merit list for an insider vacancy in the Rajasthan cadre in the 2004 examination batch. The moment the first two candidates declined to join the Rajasthan cadre, which was offered based on an ‘insider’ vacancy, the appellant staked his claim to be considered for appointment to the same.

He filed O.A. No.2326 of 2010 before the Tribunal, which was dismissed vide order dated 08.03.2011. The High Court upheld the same, vide the order dated 26.08.2011. Even the review application was also dismissed vide order dated 21.10.2011.

The appellant submitted that two other candidates, senior to him in the merit list, had not joined the Rajasthan cadre against that vacancy and, thus, he should be offered an ‘insider’ vacancy in the State of Rajasthan.

It was noted that, in dispute, the appellant was not the next candidate in order of merit to be offered an ‘insider’ vacancy in the State of Rajasthan, in case the first one had not joined; rather, his case was that if the second candidate did not join, he should be offered that vacancy.

Supreme Court Held

The Supreme Court held that such a process of cadre change could not be adopted, and that finality had to be attached to the selection process. Thus, the instant appeal against the order of the High Court upholding the order of the Tribunal dismissing the application filed by the appellant was to be dismissed.

List of Cases Reviewed

• Orders of Delhi High Court in W.P.(C) No.6215 of 2011, Dated 26.08.2011 and in Review Petition No.612 of 2011, dated 21.10.2011[ Para 13] affirmed