Existence of a vacancy does not confer a legal right to appointment, as established by relevant case law.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

9 19-01-2026 1. No one appears for the petitioner. Learned counsel for the respondents is present.

2. The petitioner has filed the instant application for a direction to the respondents to publish an advertisement to fill up the vacant sanctioned post of Mali and for other reliefs.

3. The Hon’ble Supreme Court in the case of State of Haryana versus Subhash Chandra Marwaha & Ors.; (1974)

3 SCC 220 has held that existence of vacancy does not give legal right to a candidate to be selected for appointment. Further in case of Shankarsan Dash versus Union of India ; (1991) 3 SCC 47 and S.S.Balu & Ors. versus State of Kerala; (2009) 2 SCC 479, the Hon’ble Supreme Court has held that even if the name of the petitioner figures in the select list, he still does not acquire any legal right to be appointed.

4. The Court finds no merit in the instant writ application and the same is dismissed.

(Partha Sarthy, J)

Bibhash U