No Filling Vacancy from Same Select List Without Waiting List | SC

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  • Last Updated on 30 March, 2026

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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.

List of Cases Reviewed

  • Order of High Court of Karnataka at Bengaluru in Writ Petition No. 24455 of 2023, dated 21.04.2025 (para 22) set aside

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied