Ahmedabad Municipal Corporation vs Chauhan Nayankumar Nalinkant on 23 January, 2004
7. The Apex Court in case of MITRANGSHU ROY CHOUDHARY AND OTHERS V. UNION OF INDIA AND OTHER reported in [1999] 3 SCC 649 has taken a view that the appointment made without knowledge of and contrary to the policy decision taken at the Headquarters, the person had no right to appointment and therefore, cancellation of such appointment held to be not unconstitutional. In the facts of the aforesaid case, the Apex Court has dealt with identical facts wherein appointment has been given to the one apprentice which is contrary to the policy and same has been cancelled and thereafter, appointment has been given in the Group-D category, for which, employee was entitled. The relevant observations made by the Apex Court are referred as under :