SC: SELECT LIST DOES NOT GIVE ANY INDEFEASIBLE RIGHT OF APPOINTMENT The operative part of the judgement read as under : The question precisely is whether any panel of candidates has been prepared by the Commission in accordance with the provisions of the West Bengal School Service Commission (Procedure for selection of persons for appointment to the post of teachers including Head Masters/Head Mistresses Superintendent of Senior Madarasa in recognized non-Government Aided Schools and procedure for conduct of business of the Commission), Regulations, 1988; and if so, whether the same continued to be valid and subsisting to entitle the selected candidates or any one of them to a mandamus directing the competent authority to make an appointment on the basis thereof. Preparation and publication of a panel was the least which any candidate seeking appointment on the basis thereof was required to establish. Mr. Mehta, fairly conceded that no such panel was ever published. Publication of such a panel was absolutely essential not only because the entire process was regulated by statutory regulations but also because the publication was essential in the interest of transparency and probity in matters concerning appointments to offices under the State and in matters affecting rights of the citizens in discharge of governmental functions. No panel, as is envisaged under the provisions of the regulations, ever came into existence. That being so, the question of determining the life of the panel by excluding the period during which there was an interim stay did not arise. It follows that the claim made by respondent-Arvind Kumar Rai for appointment on the basis of such a non-existent panel was untenable as the panel itself was still born. No vested right is created by the inclusion of the name of a candidate in any such panel which can for good and valid reasons be scrapped by the competent authority alongwith the entire process that culminated in the preparation of such a panel. Even assuming the preparation of a panel gave rise to any such right, since no panel had actually ever been prepared and published the direction issued to the Commission to act on the basis of the panel was wholly unjustified and unsustainable. The question of the adding to the life of the panel the period during which there was a stay would arise only if there was a panel drawn in terms of the Regulations.
Posted on: Thu, 29 Aug 2013 10:55:29 +0000
Trending Topics
Recently Viewed Topics
© 2015