GURPAL SINGH AHLUWALIA
Shubham Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This Petition under Article 226 of Constitution of India has been filed seeking following reliefs:
1. That, this Honble Court may kindly be please to direct the respondent no.3 to issue the appointment order of the petitioners as soon as possible.
2. That, this Honble Court may kindly be pleased to direct the respondents to compassionate the petitioners which has been occurred due to negligency of the respondents.
3. Any other relief which this Honble Court may deem fit and may also be granted.
4. "Amended by court order dated 29.08.2020." That, this Honble Court may kindly be pleased to quash the letter date 11.11.2019 in relation to cancellation of merit list of petitioners which has been issued by respondent no.3.
2. It is the case of petitioners that they appeared in examination of Group-IV Combined Recruitment Examination, 2018 conducted by Professional Examination Board and on 12.12.2018 some candidates were selected to the post of Assistant Grade-III and some were selected for Steno Typist in the department of Chief Electoral Officer. It is submitted that respondent No.3 is under obligation to issue appointment orders of petitioners within three months of their selection
Selected candidates do not have a vested right to claim appointment, and the state has the authority to fill vacancies based on valid reasons.
Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.
Inclusion in a merit list does not confer a legal right to appointment, and a merit list cannot remain valid for an indefinite period.
Mere selection in recruitment does not confer indefeasible right to appointment if process tainted by procedural irregularities confirmed by inquiry; authority may bona fide withhold without hearing ....
The main legal point established in the judgment is that the appointing authority cannot deny appointments on whims and must act in accordance with the rules and with justifiable reasons. The judgmen....
Acquittal in a criminal case does not confer a right to appointment if candidature was cancelled and recruitment process concluded.
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