RAJEEV TIWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CORE question emerges for consideration in this intra court appeal is as to whether the appellant herein had any legal right for being appointed against the post of Lab. Assistant (Radio and Television) advertised by the respondent District Education Officer (Boys) Dholpur (Rajasthan ).

(2.) CONTEXTUAL facts, which are not in dispute, depict that an advertisement was issued for appointment to the post of Lab. Assistant (Radio and Television ). The appellant applied and selected by the Selection Committee headed by the District Education officer. The Select List was published on the Notice Board on March 15, 1995. The appellant however was not offered any appointment. He filed writ petition questioning his non appointment. Learned Single Judge vide order dated October 28, 1998 dismissed the writ petition.

(3.) IN Shankarsan Dash vs. Union of INdia (1991) 3 SCC 47 the Apex Court indicated thus:- (Para 7) "it is not correct to say that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies has to be taken bonafide for appropriate reasons. . . "