AMANDEEP KAUR Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) The petitioner seeks quashing of letter dated 25.5.2015 (Annexure P/3) whereby her application for appointment to the post of Principal has been rejected on the ground that she was found not eligible. Respondent no.3-College is a non-Governmental college and had issued advertisement dated 6.5.2015 (Annexure P/1) to fill up the post of Principal. Counsel for the petitioner's argument is that the petitioner is fully qualified as per guidelines issued by the NCTE and therefore, the said rejection is not justified. The petitioner has no vested right of appointment irrespective of the fact that she may be fully eligible if the said respondent has found her not suitable.

(2.) A Division Bench of this Court in Dr. Ashok Kumar Gupta Vs.Post-graduate Institute of Medical Education and Research & others, 2004 4 RSJ 1 held that there is no vested right in the applicant for appointment even if his name was recommended for the post by the Experts Committee.

(3.) Similar view was taken by another Division Bench of this Court in Dhirinder Chopra Vs. State of Haryana and others, 2014 2 SCT 725 which considered a case of a candidate who was seeking appointment to the post of Addl. District Judge and it was held that wait list candidate did not get any vested right in the appointment and right would only arise in case some body below him in merit was appointed. Similarly, the Apex Court in Vijoy Kumar Pandey Vs. Arvind Kumar Rai and others, 2013 11 SCC 611 held in similar terms. Relevant paragraphs read as under:-