MUKESH KANWAR Vs. STATE OF H. P.

JUDGEMENT

(1.) Present petition has been filed seeking direction to the respondents to complete the process of recruitment to the post of Constable under reserve category of ward of freedom fighter and issue appointment letter to the petitioner.

(2.) In response to the petition, it is submitted that the petitioner had applied for the post of Constable under general category and sub category IRDP. The petitioner had also marked the column depicting wards of freedom fighter in the application form, whereas, the fact remains that as per roster, no post for the ward of freedom fighter was advertised at that time. Further, the petitioner was not considered in general category as his merit stood very low and as per the rule of reservation the ward of freedom fighter can only be considered to a post advertised for the said category. Lastly, it is stated that the availability of a post which is not advertised by the Department does not confer any right on the petitioner to claim appointment and even after selection, a candidate has no indefensible right for appointment and, therefore, petitioner has no right to claim appointment against the post of ward of freedom fighter, which was not advertised at all in the recruitment process at that point of time.

(3.) Considering the prayer as well as response thereto, I find no merit in this petition and the same is accordingly dismissed.