RAJAPRAKASH P Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) By this writ petition, the petitioner questions the selection and appointment of Assistant Professors by the respondent no.2/School of Planning and Architecture. Selection process in issue is of the year 1998.

(2.) On a query put to the counsel for the petitioner, he does not dispute and it also could not be disputed, that, the post in question is not an automatic promotion post but is a selection post. Therefore, the entitlement of the petitioner is only to be considered for selection. Even if petitioner meets the criteria for being considered there is no automatic selection because he has to come on the select list as per the panel prepared by the selection committee.

(3.) Counsel for the petitioner argues that respondent nos.6 and 7 have been wrongly selected, however, this aspect cannot give any cause of action to the petitioner in this writ petition because the issue is not of the fact that if appointments of respondent nos.6 and 7 are set aside petitioner will automatically get appointed. Petitioner could only have been appointed if his name was found in the select list/panel prepared by the selection committee and admittedly there is no averment in the writ petition and nor is it the factual position that the petitioner was selected by the selection committee for appointment to the post of Assistant Professor and his name figures in the select list/panel of successful candidates.