GULREJ SHAH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the order dated 10.07.2018 passed by the learned Single Judge in WP(S) No.2995 of 2009, whereby the petition filed by the Writ Appellant has been dismissed.

(2.) The backdrop of events, in which this appeal has been filed by the Appellant, briefly stated, is that the Petitioner, while working as a daily wage employee, participated in a recruitment process initiated by Respondents in order to fill singular post of Physical Training Instructor (PTI), vide advertisement dated 28.05.2009. After completion of process of selection, which comprised of written examination and interview, a select list was prepared in which, the Petitioner was placed at the top. It appears, however that, later on, certain complaints were made and upon some internal enquiry made by the authority and it having been found that certain irregularities had crept in, the entire selection process was cancelled, including the merit list. This gave the Petitioner a cause of action to file writ petition before this Court. Before the learned Single Judge, Respondent came out stating that though selection was made, later on, there were irregularities found due to which the Respondent took a conscious and bonafide decision and cancelled the entire examination and, therefore, no appointments were made.

(3.) Learned Single Judge after examining the pleadings and material put forth before it by learned counsel for the parties, came to the conclusion that the decision of the Respondent in cancelling the process of selection did not suffer from any illegality or arbitrariness. While holding so, learned Single Judge relied upon settled legal position adumbrated by the Hon'ble Supreme Court in plethora of decisions that a candidate, by mere selection, does not get any indefeasible right to be appointed.