ARUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT petition is filed seeking a writ of mandamus commanding upon the respondents to issue appointment letter to the petitioner on the post of Principal of Government Pharmacy Institute, Bariatu, Ranchi.

(2.) PETITIONER 's case is that only three candidates had applied for the said post, however, only two candidates appeared in the interview out of which name of the another candidate namely Asha Rani was recommended for the post of Professor, therefore, petitioner remained the sole candidate. Consequently, his name ought to have been recommended for the appointment and accordingly appointment letter should have been issued for his name.

(3.) HON 'ble Apex Court in the matter of Punjab State Electricity Board and Ors. Vs. Malkiat Singh reported in (2005) 9 SCC 22 while relying on the earlier decisions of the Hon'ble Supreme Court in the matter of Shankarsan Dash Vs. Union of India reported in (1991) 3 SCC 47, All India SC and ST Employees' Association Vs. A. Arthur Jeen reported in (2001) 1 SCC 380 and State of Orissa Vs. Bhikari Charan Khuntia reported in (2005) 10 SCC 144 has held that the successful candidate does not acquire indispensable right to be appointed. In the present case petitioner's name was never recommended since he was not found suitable for the post of Principal.