Union of India vs Subit Kumar Das 2025 INSC 1235 - Wait List - Concession Made By Counsel On Question Of Law
Public Appointment - Recruitment -Mere placement in the wait list does not create any vested right for being so appointed. The right to be considered for appointment would spring only in the contingency of a selected candidate not joining on his post. The wait list operates for a limited period. It cannot extend for an indefinite period and in any event after a fresh process of recruitment has commenced. (Para 12)
Service Law - Effect of a concession made by counsel on a question of law - A statement made before the Court has its solemnity and the party making such statement is bound to comply with the same. At the same time, it has to be seen as to whether such statement in the form of a concession, if given effect to would result in violation of any statutory rules or regulations. If such consequence is likely to flow, it would be open for the affected party on whose behalf such concession in law was made to place before the Court the correct position of law and urge that it may not be compelled to give effect to an erroneous concession made on law. (Para 15-17)
Case Info
- Case name: The Union of India & Ors. v. Subit Kumar Das.
- Neutral citation: 2025 INSC 1235.
- Coram: Justice Pamidighantam Sri Narasimha; Justice Atul S. Chandurkar.
- Judgment date: October 15, 2025.
Caselaws and Citations
- Sri Sanjoy Bhattacharjee v. Union of India & Ors. — 1997 INSC 250.
- Director of Elementary Education, Odisha v. Pramod Kumar Sahoo — 2019 INSC 1092.
- Employees’ State Insurance Corporation v. Union of India & Ors. — 2022 INSC 77.
- Prem Prakash v. Union of India — 1984 INSC 150.
- H.P. ST Employees Federation v. H.P.S.V.K.K. — [2013] 10 SCC 308.
- Rameshwar Prasad Goyal, Advocate, In Re — 2013 INSC 550.
- Union of India v. Hindustan Development Corporation — 1993 INSC 154.
- Gujarat State Dy. Executive Engineers’ Association v. State of Gujarat — 1994 INSC 199.
- Uptron India Ltd. v. Shammi Bhan — 1998 INSC 74.
- Central Council for Research in Ayurveda & Siddha v. Dr. K. Santhakumari — 2001 INSC 259.
#SupremeCourt explains effect of a concession made by counsel on a question of law: https://t.co/Pqq3P829Ir pic.twitter.com/MTDREKAu3o
— CiteCase 🇮🇳 (@CiteCase) October 15, 2025
#SupremeCourt reiterates that mere placement in the wait list does not create any vested right for being so appointed. https://t.co/Pqq3P829Ir pic.twitter.com/xxbrEWa27G
— CiteCase 🇮🇳 (@CiteCase) October 15, 2025
