The Supreme Court has ruled that the government cannot make appointments or selections beyond the number of advertised post even if there is large number of vacancies since it would be violative of the Constitution.

A bench of justices Altamas Kabir and S S Nijjar said any such decision would be violative of Article 14, equality before law and 16, equal opportunities in terms of public appointments . The bench observed that more candidates could have applied if they had known that the other vacancies would also be under consideration for being filled up.

The apex court passed the ruling dismissing a bunch of appeals challenging the Assam government's decision not to fill up 690 vacant posts in the Directorate of Land Records and Survey, as according to the authorities the initial advertisement was confined only to 160 posts.

The aggrieved candidates contended that since the select list contained 560 candidates, the remaining posts can be filled up from among the rest of the aspirants in the originally selected list and there was no need for fresh advertisements. The Guwahati High Court turned down their plea, following which they moved the apex court.