M L SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant is assailing order dated 19.3.2010 passed by learned Single Judge whereby dismissing the writ petition filed by the petitioner- appellant seeking mandamus to issue appointment to him.

(2.) Brief facts present case are that the petitioner was interviewed for the post of Cane Adviser in the respondent-Federation on 04.12.2008; the petitioner was informed that he was at number one in the order of merit; despite the fact that the petitioner was at number one in the order of merit, he was not given appointment. Main contention in the petition is that once selection is over and the petitioner was at umber one in the merit then the respondents cannot act in arbitrary manner deciding not to fill up the vacancies.

(3.) Learned Single Judge has held that thereafter, rules were framed and selection as per new rules was to be made through the Haryana Public Service Commission, hence in view of this, decision of the respondents not to fill up the vacancies, is a good ground. Learned Single Judge has further held that mere selection does not give any right to seek appointment.