The petitioner sought a writ of Mandamas for appointment in a Fourth Grade post based on an interview held on 31.08.2010. The court held that mere participation does not confer a legal right to appointment and dismissed the petition as misconceived.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WRIT PETITION NO.9405 of 2017
B.Sreenivasulu ...Petitioner
Vs.
Rippon Building, Chennai - 600 003.
...Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to appoint the petitioner for any of the post of Fourth Grade in the available vacancy as per the interview conducted on 31.08.2010 within the time frame fixed by this court.
For Petitioner : Ms.K.Seetharam
For Respondents : Mr.K.Dhananjayan Special Government Pleader R1
Mr. G. Anantha Rangan- R2 & R3
O R D E R
The relief sought for in the writ petition is for a direction to direct the 3rd respondent to appoint the petitioner for any of the post of Fourth Grade in the available vacancy as per the interview conducted on 31.08.2010.
neither selected nor issued with an order of appointment. A mere participation in the process of selection will not confer any legal right on the writ petitioner to seek an order of appointment. The legal principle is that appointment can never be claimed as a matter of right and only in the event on coming out successfully in the recruitment process, the petitioner will be vested with an order of appointment, and the right will accrue, not otherwise. Hence, the prayer, as such, sought for in this writ petition merely seeking an order of appointment is absolutely misconceived and this Court cannot entertain such a prayer in the absence of any semblance of legal right established by the writ petitioner in this petition.
2 issues framed by the court
Whether a participant who was not selected in an interview possesses a legal right to claim appointment as a matter of right under Article 226.
Whether the High Court can issue a writ of Mandamas directing the respondent to appoint the petitioner in the absence of an established legal right.
B.Sreenivasulu
District Employment Officer, Employment Office, Adyar, Chennai
Commissioner, Corporation of Chennai
Supervising Engineer, Solid Waste management Department, Corporation of Chennai
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
