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TMI Blog2008 (10) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... rcise of the power conferred by the proviso of Section 13 of the Code of Criminal Procedure, 1973, this Court framed rules, namely, Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 (hereinafter called the 'Rules, 2000') and the same were enforced. Posts of Special Judicial Magistrate were advertised and in pursuance thereto, petitioner also applied. His candidature was considered and his name was included in the panel. However, he had not been offered the appointment. Hence this petition for seeking a direction for appointment as a Special Judicial Magistrate. 3. Mr. Mohapatra, learned Counsel appearing for the petitioner submits that in spite of the fact that the petitioner had been found eligible and his name has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner can claim the appointment as a matter of right. 7. A Constitution Bench of the Hon'ble Supreme Court in Shankarsan Dash v. Union of India (1992) IILLJ 18SC, held that appearance of the name of a candidate in the select list does not give him a right of appointment. Mere inclusion of candidate's name in the select list does not confer any right to be selected, even if some of the vacancies remains unfilled. The candidate concern cannot claim that he has been given a hostile discrimination. Similar view has subsequently been taken by the Supreme Court in Asha Kaul v. State of J K (1993) 2 SCC 573 . Union of India v. S.S. Uppal [1996] 1 SCR 230 ; Hanuman Prasad v. Union of India (1996) 10 SCC 742 ; Union of India v. K.V. Vij ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be nominated by the Chief Justice. (2) The panel of suitable persons as prepared and approved by the High Court shall be forwarded to the State Government. 10. The ordinary and general signification of 'suitable' is 'likely to suit', 'capable of suiting', or 'adopted'. This is by no means equivalent to 'adequate'. That which is adequate must be suitable, but that which is suitable may not be adequate. 11. According to the definitions in Webster's and the Dictionaries, 'suitable' means fitting, capable of suiting, or appropriate. The test of the suitableness of an article for a certain purpose is, not whether it is commonly used therefore, but whether it possesses actual, practical, commerc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means that a person to be appointed shall be legally eligible and 'eligible' should be taken to mean 'fit to be chosen'. 14. Therefore, eligibility includes 'suitability'. A person is 'suitable' means 'fit' for the said particular post in all respects. Whether a person is suitable for a particular post would depend upon the nature of the post and essential qualities of the person seeking appointment on that post. 15. In the instant case as the petitioner has already been punished and his two annual increments have been withheld with cumulative effect, he becomes disentitled even to be promoted for a higher post, if any, in the hierarchy of ministerial services in the District Court itself. In such a f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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