East Coast Railway & Anr vs Mahadev Appa Rao & Ors on 7 July, 2010
Heard the learned advocates appearing for the respective parties and considered the
materials on record. The post sought to be filled up is a temporary post of Additional Tax
Collector to be engaged by the said Panchayat only on contractual basis. The selection process
was stopped and the interview was cancelled and as a consequence thereof no panel was
prepared. The petitioner was a mere participant in the selection process. It is well settled that
even if a candidate is empanelled, he acquires no indefeasible right to be appointed to the
concerned post in respect of which the selection is made. In exercise of the powers of judicial
review the Court can interfere only when the selection process had been scuttled for mala fide
reasons or in an arbitrary manner. It is not the case of the petitioner that some candidates were
called for the interview and that he was left out. From the pleadings it does not appear that the
interview was cancelled in an arbitrary manner. As such, the judgment delivered in the case of
East Coast Railway (supra) has no manner of application in the instant case. The cancellation of
such interview was pursuant to a resolution adopted by the majority members of the said
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Panchayat, primarily on the ground that the relevant Government Orders were not followed while
conducting the selection process. It is apparent that no legally enforceable right of the petitioner
has been infringed warranting interference of this Court.