Selected candidates do not have an indefeasible right to be appointed, and executive instructions cannot override statutory rules.

ORDER : – This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs : –

“i. A writ of mandamus may kindly be issued directing the respondents to consider the case of petitioner for the post of Lab Technician (Contractual Employee). ii. An appropriate writ, order or direction may kindly be issued directing the respondents to consider the case of petitioner whose name is at S. No. 01 in the waiting list. iii. An appropriate writ, order or direction may kindly be issued directing the respondents to take decision on the representation Annexure P-13, Annexure P-14 and Annexure P-15 submitted by the petitioner. Any other relief which this Hon’ble High Court deems fit in the facts and circumstances of the case may also kindly be granted.”

2. It is submitted by the counsel for the petitioner that the respondents issued an advertisement for the post of Lab Technician. Total 279 posts were advertised for direct recruitment on regular basis and 68 posts were advertised for appointment on contractual basis and in all 347 posts of Lab Technician were advertised in the year 2020. The selection was to be made on the basis of marks obtained in the examination. The petitioner also applied for the post of Lab Technician. The petitioner was placed at serial No. 1 in the list of contractual employees. It is submitted that as per the provisions of Madhya Pradesh Kanishth Sewa (Sanyukt Arhata) Pariksha Niyam, 2013, (in short “Rules, 2013”) a waiting list is required to be prepared and appointment was to be made from the persons in the waiting list, in case if the selected candidate does not join on the post. The petitioner moved an application under the Right to Information Act through his friend. It was informed in reply to the said RTI application that in Rewa Division out of 9 persons from contractual employees category, only 5 persons have been appointed and 4 employees have not joined, therefore, posts are vacant in Rewa Division. Even in Indore Division also 5 posts are vacant. The waiting list as required under Rule 13 of Rules, 2013 has not been prepared and, therefore, an application under the Right to Information Act was moved through his nephew, in which it was replied by the respondents that the process for finalization of waiting list is still in progress. Since no waiting list has been prepared so far in spite of repeated representations, accordingly, this petition has been filed. It is submitted that due to the mistake on the part of the employer, a prospective and potential candidate cannot be allowed to suffer.

3. Heard learned counsel for the petitioner.

4. According to the advertisement, the last date for submitting the application form was 29-10-2020. The life of waiting list is one year. The result was declared and the successful candidates were directed to join by order dated 21-5-2021. Thus, it is clear that more than one year has expired from the date of declaration of result. The counsel for the petitioner could not point out any right under which he can seek mandamus for the respondents to prepare a waiting list. It is well established principle of law that even a selected candidate does not have any right to seek mandamus for issuance of appointment order. The Supreme Court in the case of Union Territory of Chandigarh vs. Dilbagh Singh, reported in (1993) 1 SCC 154 has held as under :

12. If we have regard to the above enunciation that a candidate who finds a place in the select list as a candidate selected for appointment to a civil post, does not acquire an indefeasible right to be appointed in such post in the absence of any specific rule entitling him for such appointment and he could be aggrieved by his non-appointment only when the Administration does so either arbitrarily or for no bona fide reasons, it follows as a necessary concomitant that such candidate even if has a legitimate expectation of being appointed in such posts due to his name finding a place in the sel