- (1.) Special leave granted.
(2.) Uttar Pradesh Bhumi Sudhar Nigam Limited (the Corporation) advertised for the post of Financial Controller in the year 1990. As a result of the interviews held by the selection committee, a panel of three names was recommended to the Corporation. One S. K. Sachdeva was at number one and Shiv Narain Gupta, respondent in the appeal herein, was at number two in thesaid panel. An appointment letter was issued to S. K. Sachdeva and he was asked to join the post by 31/10/1990. S. K. Sachdeva having failed to join the post, Shiv Narain Gupta represented before the Corporation that he, being next on the merit panel, be considered for appointment to the post. When no action was taken by the Corporation for considerable time, Shiv Narain Gupta filed a writ petition under Article 226 of the Constitution of India before the Lucknow bench of the Allahabad High court. The writ petition was allowed by a learned Single Judge of the High court and a mandamus was issued to the Corporation to appoint Shiv Narain Gupta to the post of Financial Controller. This appeal by the Corporation is against the judgment of the High court.
(3.) Mr Gopal Subramaniam, learned counsel -for the appellant has contended that a candidate included in the merit list has no indefeasible right to appointment even if a vacancy exists. The Corporation, according to him, was under no legal obligation to fill the post simply because a panel of the selected candidates had been prepared by the selection committee. It was further pointed out by the learned counsel that due to changed circumstances it was no longer viable for the Corporation to fill the post of the Financial Controller. We see considerable force in the contentions of learned counsel for the appellant.;