Using contracts where sanctioned post is needed is arbitrary

this Court while recognizing that the creation of a cadre or sanctioning of posts was exclusively within the authority of the State, opined that if the State did  not choose to create a cadre but chose to make appointments of persons creating contractual relationship only, such action would be categorized as arbitrary nature of exercise of power. In this context, it was observed by the Bench, thus: “Sanctioned posts do not fall from heaven. The State has to create them by a conscious choice on the basis of some rational assessment of the need.”

(2013) 14 SCC 65
(2018) 7 SCC 270

merely because the name of a candidate finds a place in the select merit list does not given an indefeasible right to appointment

Merely because the name of a candidate finds a place in the select merit list does not given an indefeasible right to appointment, para 17.

(Kulwinder Pal Singh & Anr. v. State of Punjab & Ors.) 2016 6 CC 532

Gurmeet Pal Singh (2018) 7 SCC 260

Advertisement is not defective merely because every vacancy is not advertised

There cannot be a blanket proposition that the advertisement is  defective merely because every vacancy which existed or which is contemplated is not taken into account. Certainly, a subsequent vacancy arising from an elevation can hardly be treated as in contemplation. , para 16 (Kaul, J)

https://indiankanoon.org/doc/166116150/ (2018 ) 7 SCC 260

A candidate who appears in an examination without objection cannot challenge later on being unsuccessful

It is a well settled principle of law that when a candidate appears in an examination without objection and is subsequently found to be not successful a challenge to the process is precluded. In a recent judgment in Ashok Kumar & Anr. v. State of Bihar & Ors.  (2017 4 SCC 357) this principle has been re-emphasised by referring to the earlier judgments on this point starting from Chandra Prakash Tiwari v. Shakuntala Shukla (2002 6 SCC 127)

Gurmeet Pal Singh (2018) 7 SCC 260

Gross Injustice - Alternative Remedy argument should give way to Art 226

State of Tripura v. Manoranjan Chakraborty (2001) 10 SCC 740