Shankarsan Dash vs Union Of India on 30 April, 1991
In such case it may be open to the State Government to act in terms of the decision of the Supreme Court in the case of Shankarsan Das v. Union of India in which it was laid down that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, even then the successful candidate did not acquire an indefeasible right to be appointed which cannot be legitimately denied and the State is under no legal duty to fill up all or any of the vacancies. However, even in such case a clear condition laid down by the Supreme Court was that the mere possession of such power by the State does not give a license of acting in an arbitrary mariner and decision not to fill up the vacancy has to be taken bona fide for appropriate reasons.