In Shankarsan Dash v. Union of India : AIR 1991
SC 1612, the issue was considered by the Constitution Bench and it
was held as follows:
“It is not correct to say that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. And if the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted”.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
[C.R.]
PRESENT:
MR.JUSTICE P.N.RAVINDRAN
&
MR.JUSTICE R. NARAYANA PISHARADI
27TH DAY OF MARCH 2018
WA.No. 342 of 2016 IN WPC. 8905/2012
G.RADHAKRISHNAN,
Vs
KERALA STATE ROAD TRANSPORT CORPORATION,

