MEENA KUMARI Vs. STATE

JUDGEMENT

(1.) THE petitioner claims right to be selected on the basis that she had appeared in the selection process for nursery teachers to be appointed in New Delhi municipal Council School. The said selection process was held in June, 2002 and the petitioner was declared passed and eligible for appointment. The present writ petition was filed on 14th July, 2006 praying for a Writ of Mandamus directing the respondent/mcd to appoint the petitioner to the post of nursery teacher on the basis of the result declared on 16th June, 2002.

(2.) THE respondents in their counter affidavit have clarified that they had sent a requisition for filling up posts of nursery teachers to DSSSB in the year 2000 and the name of the candidates were recommended in the year 2005 but in the meanwhile due to resettlement of Juggis outside NDMC areas, some of the schools were merged and closed. Post fixing in Education Department was done in the year 2004 and about 100 Assistant Teachers and 24 nursery teachers were declared surplus. In these circumstances, the requisition sent to DSSSB was withdrawn. It is stated that in these circumstances, the petitioner was not issued any appointment letter.

(3.) IT is well settled that clearing a selection test or selection by itself, does not constitute and gives a vested right to a candidate. Till appointment, a candidate in question has only right to be considered for appointment. Merely because the petitioner had appeared in the selection process and was declared eligible/passed, she cannot claim any vested and legal right to be appointed to the post of nursery teacher. The respondents in the counter affidavit have explained the reason why appointment letter was not issued to the petitioner. It is stated that about 100 Assistant Teachers and 24 nursery teachers had become surplus due to closure/merger of some schools. In view of surplus Nursery teachers, appointment was not made.