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TMI Blog1996 (12) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... eceives grants in aid from the State Government, including a university established by or under a Utter Pradesh Act, except an institution established and administered by minorities referred to in clause (I) of Article 30 of the Constitution. Section 3 of the Act applies reservation in favour of Scheduled Castes, Scheduled Tribes and other Backward Classes, at the stage of direct recruitment, the following percentage prescribed therein thus: (a) in the case of scheduled Castes 21 per cent (b) in the case of Scheduled Tribes 02 per cent (c) in the case of other backward classes of citizens 27 per cent Section 4 of the Act casts responsibility on and thrust powers on specified offers for compliance of the provisions of the Act. The State Government may, by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring compliance of the provisions of the Act. It is not in dispute that the State Government had issued a notification dated may 5, 1995 entrusting the responsibility for implementation of the provisions of the Act, in relation to the appointment and services of the posts in the university, on the Vice- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Law Department for opinion and the above communication was informed to the appellant on July 8, 1995. The respondent filed the writ petition on July 17, 1995 for a Mandamus to implement the directions issued by the Chancellor dated June 6, 1995. The respondent filed the counter-affidavit pleading the above facts. The Governor, exercising the powers under Section 6 of the Act, cancelled the appointments made in respect of other persons, who came to be selected and appointed in violation of the Act. It would, appear that those affect persons filed the writ petition in the High Court which are pending disposal. We make it clear that we are not concerned with the above cancellation in this appeal. Therefore, controversy thereof is kept at large. The only question is whether the Chancellor (Governor) is right in directing the appellant to appoint the respondents to the posts of Readers in the Chemistry Department of the Allahabad University. It is already seen that the Act has come into force with effect from December 11, 1993. Shri Sharan, learned counsel for the respondent, has contended that once the process of selection was started by screening the candidates eligible for cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to appoint him to the post. The Constitution Bench had held that even for vacancies notified for appointment and adequate number of candidates are found fit, the successful candidates do not acquire any indefeasible right to be appointed which was dismissed. On appeal, the notification notifying applications for recruitment nearly amounts to a notification to qualified candidates to apply for recruitment. On their selection they do not acquire any vested right to the post unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, the State has to act fairly. The decision not to fill up the vacancy has to be taken bona fide for appropriate reasons. The State is to respect the comparative merit of the candidates reflecting in the relevant test and no discrimination is permitted in that behalf and normally to be appointed. It does not create any right to an appointment. It was held that the appellant therein had not acquired any right to be appointed against the vacancies arising later on the basis of any rules. Therefore, it was held that he was not entitled to be appointed. This Court also had held that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued only to compel an authority to do legal duty under a statute and the aggrieved party must have a legal right under the statute to enforce its performance. Mere inclusion in the list did not given any right to a candidate to be appointed to a post of a subordinate judge. The mere existence of the vacancy does not give a legal right to a candidate for appointment. It is open to decide how many appointment shall be made. The mere fact that a candidate's name appears in the list will not entitle to a mandamus that he be appointed. The appeal was accordingly allowed. The ratio therein was approved by this court in Shankarsan Dash's case. In Union Territory of Chandigarh v. Dilbagh Singh Ors. [(1993) 1 SCC 154], a bench of three Judges following Shankarsan Dash's case had held that the selectee in the list is not entitled to appointment. Mere inclusion in the list will not have any indefeasible right to be appointed, in the absence of any rule to that effect. In that case the selection was found to be not according to rules. The Government had cancelled their select list. When it was questioned it held by this court that the cancellation of the list was bona fide an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of it. This case is an authority on the proposition that recruitment should be made in accordance with the rules as indicated in the amended rules. Accordingly, the appeal was allowed and the order of the Government set aside. In Babita Prasad and Ors. v. State of Bihar and Ors. [1993 Supp. (3) SCC 268], this Court had held that the panel of indefinite life, the right of the candidate including such a panel do not create any indefeasible right when the Government had discontinued the select list for valid reason. It was held in paragraph 25 that the purpose of the panel prepared in the instant case was only to finalise a list of eligible candidates for appointment. The panel was too long and was intended to last indefinitely barring the future generations for decades from being considered in the vacancies arising much later. In fact the future generations would have been kept out for a very long period had the panel been permitted to remain effective till exhausted. A panel of the type prepared in the present case cannot be equated with a panel which is prepared having co-relation to the existing vacancies for anticipated vacancies arising in the near future and for a fixed time an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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