If you got higher rank than other candidates and are fully eligible to join the job, then you have the right to be appointed. In such situation, if you immediately challenge the action of the authority concerned of not appointing you to the post and instead of that appointing someone else to the post, then if the court is satisfied with your version, it may grant an interim stay to not fill the posts and keep a seat vacant for you. Otherwise, the court may also pass the order that the filling of the posts shall be subject to the final outcome of the case, which means that in future if you succeed in your case, the department may have to appoint you by removing a person or by creating another post. So, it all depends on the facts of the case and also the nature of the order to be passed by the court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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