James K.Joseph vs Government Of India on 18 February, 2009
It is also
now well settled by a series of decisions of the Apex Court including the
decision in Union of India and others v. Kali Das Batish and another
(supra) that the mere inclusion of a candidate in the select list does not
confer on him a right to be appointed and that if there was no right,
there could be no occasion to maintain a writ petition for the
enforcement of a non-existing right. Therefore, the petitioner cannot, in
my considered opinion, assail the decision taken by the Government of
India not to appoint him as Administrative Member of the CAT.