HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
HON'BLE SRI JUSTICE M.GANGA RAO
WRIT APPEAL No.240 of 2021
(Taken up through video conferencing)
JUDGMENT: (Per Hon'ble Sri Justice Joymalya Bagchi)
Order dated 26.03.2021 in WP.No.6266 of 2021 refusing to
interfere with the decision of the District Selection Committee to cancel
the selection process is under challenge in this writ appeal.
2nd respondent vide notification dated 14.08.2020 invited
applications from eligible candidates for direct recruitment to the posts of Anganwadi workers in ICDS project, Gudur Rural, Women and Child Welfare Department, SPSR Nellore District.
Appellant - writ petitioner submitted application and had been selected. Subsequently, 4th respondent cancelled the selection process on the ground that due procedure and norms prescribed by the Government have not been followed. Petitioner challenged such decision which came to be dismissed by the learned single Judge.
Learned counsel appearing for the appellant - writ petitioner submits that the writ petition had been dismissed without calling upon the respondents to file counter disclosing the nature of defects in the selection process.
On the other hand, learned Government Pleader for Social Welfare appearing for respondents submits several allegations had been received by the Chairman, Divisional Selection Committee with regard to 2 irregularities in the selection process. Petitioner's name appeared in the selection list but no right had accrued to her for appointment.
In reply, petitioner submits that she had resigned from her earlier post upon her name featuring at Sl.No.1 in the selection list. Decision to cancel the selection process is a capricious and unreasonable one.
We have considered the materials on record. It appears from the impugned proceedings dated 18.01.2021 that several allegations had been received against the selection process which had been undertaken for appointment of Anganwadi workers. On the basis of such allegations, the Chairman chose to cancel the selection process. Petitioner had participated in the said procedure. However, no appointment letter had been issued in her favour. Hence, no right had accrued in favour of the petitioner. In view of the allegations received by the 2nd respondent with regard to the selection procedure, it was within their rights to cancel the said procedure. Subjective decision of the authority in that regard to maintain fairness and transparency in the selection process cannot be faulted. We are also mindful of the fact mere publication of a selection list does not create any right to appointment in favour of the petitioner. Hence, we find no reason to interfere with the order impugned. We, however, clarify it shall be open to the petitioner to participate in any subsequent selection process in accordance with law if the same is initiated by the 2nd respondent in future.
With the above observations, the Writ Appeal is dismissed. No costs.
3
Miscellaneous Petitions, pending if any, shall stand closed.
______________________ JUSTICE JOYMALYA BAGCHI __________________ JUSTICE M.GANGA RAO 16.04.2021 Vjl