Case: Indian Airlines Ltd Vs. Samaresh Bhowmick

2. The appellant, a statutory corporation, after advertisement and selection, prepared a list of selected persons for appointment to the post of Helpers. The select list was valid upto 15th July, 1994. The names of 74 writ petitioners, respondents herein, were included in the select list but they could not be appointed during the period of validity of the select list.Respondents approached the High Court of Calcutta by filing a writ petition and the learned Single Judge inter alia held that the respondents herein had no indefeasible right of being appointed and they had only the right of being considered for appointment in the vacancies for which selection was made contingent upon the appellant filling up those vacancies. However, the learned Single Judge directed that the cases of the respondents should be considered for appointment if any vacancies arose till 30.7.91.An appeal was laid before the Division Bench and by the impugned judgment and order dated 12.8.98, the Division Bench inter alia directed that in the present vacancies as well as future vacancies, the candidates who were selected and empanelled shall be regularised first.

Court's reasoning:
9. We are of the considered opinion that the impugned judgment of the Division Bench of the High Court is not sustainable inasmuch as High Court could not have overlooked the scheme. However, we are of the opinion that respondents having been selected in the test earlier should be given preference in the matter of their consideration under the Scheme.