Kandala Lakshmi Prasanna vs The State Of Andhra Pradesh
2021 Latest Caselaw 1834 AP

                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

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.

Miscellaneous Petitions, pending if any, shall stand closed.

______________________ JUSTICE JOYMALYA BAGCHI

__________________ JUSTICE M.GANGA RAO 16.04.2021 Vjl