R. MEENA Vs. DISTRICT COLLECTOR, MADURAI DISTRICT

JUDGEMENT

(1.) THE petitioner prays for the issuance of a writ in the nature of mandamus directing the respondents 1 and 2 to appoint the petitioner as Panchayat Secretary.

(2.) IT is not in dispute that there is no vacant post as the fifth respondent has been appointed by the competent authority. On being questioned, as to under which provision of law, this Court can direct appointment of the person.

(3.) TO authorize appoint or not to appoint vests with the competent authority. The High Court in exercise of jurisdiction under Article 226 of the Constitution of India can, only go into the validity of appointment. In case the appointment is found to be bad in law it can quash the appointment and direct the respondents to follow due process of law and to consider all the eligible person so as to select the best. This Court cannot direct appointment of a particular person merely because he has approached this Court, as such direction in absence of enforceable legal right will be unconstitutional as it will defeat the right of all eligible persons guaranteed under Article 16 of the Constitution of India.