The Supreme Court has observed that a candidate does not have a legal right to insist that the recruitment process set in motion be carried to its logical end.
The Division Bench comprising of Justice KM Joseph and Justice Hrishikesh Roy held that even inclusion of a candidate in the select list may not clothe the candidate with such a right.
In an appeal against High Court order dismissing writ assailing Tribunal'd direction to fill up the post of Associate Professor, the Corporation has contended that the same is untenable.
The Counsel for appellant submitted that the respondent was late in applying for the job. He further pointed out that on account of certain developments which took place, there may really be no need to fill up the post of Associate Professor and the first respondent may not have a right as such.
Counsel for the respondent contended that the only case set up by the appellants was that direct recruitment could not be resorted to when there is somebody available for being promoted. But, in this case, the vacancy in question viz., the vacancy reserved for members of the Scheduled Caste community could not be said to be available for promotion by mere reason that it was filled up by promotion by reason of the fact that the fourth respondent was given the benefit of Dynamic Assured Career Progression (DACP). It is only a form of certain financial benefits and it is not vacancy based. In other words, the ground raised by the appellants for not proceeding with the procedure of direct recruitment is untenable.
The Court noted at the outset that this is a case of direct recruitment. It stated that no doubt that the employer is not free to act in an arbitrary manner but a candidate who has applied does not have a legal right to insist that the recruitment process set in motion be carried to its logical end. Not even inclusion infer any such right.
In this backdrop, it was observed that High Court direction to conclude the proceedings within 45 days is unsupportable.
On question of whether the direction could be given to proceed with the recruitment process by giving peremtory direction to the appellant?
The Court mentioned absence of any legal right with the candidate who has merely made an application and said that feel it feel trammeled by the fact that the case which is sought to be set up viz., that there may not be any need for filling up the post, was not as such set up before the High Court or the Tribunal.
"Such an attempt is being made before this Court. In such circumstances, we are of the view that a fair and time bound decision must be taken by the appellants not oblivious to the fact that persons have applied and they would also look forward to a fair treatment at the hands of the body like the appellant."
The appeal was accordingly allowed.
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