Case Note & Summary
The petitioner, Shirish Suresh Thatte, was appointed as a junior clerk in the District and Sessions Court, Parbhani in May 2005. In response to an advertisement by the Assistant Director of Public Prosecutor for the post of Stenographer (Lower Grade) English, which was unreserved but with preference to ex-servicemen, the petitioner applied through proper channel. He was selected and placed at Sr. No.1 in the merit list. However, the appointment was given to an ex-serviceman. The petitioner filed a writ petition challenging this denial, arguing that he had a right to be appointed as he was the top candidate. The respondents contended that the preference clause in the advertisement gave priority to ex-servicemen. The court, after hearing arguments, held that the preference to ex-servicemen was a valid condition and the petitioner had no vested right to appointment. The petition was dismissed, upholding the appointment of the ex-serviceman.
Headnote
A) Service Law - Appointment - Preference to Ex-serviceman - The petitioner, a junior clerk, applied for the post of Stenographer (Lower Grade) English advertised with preference to ex-servicemen. Though selected and placed at Sr. No.1, the appointment was given to an ex-serviceman. The court held that the preference clause in the advertisement gives a right to ex-servicemen to be preferred over other candidates, and the petitioner has no vested right to appointment merely because he was placed at Sr. No.1. (Paras 1-5) B) Service Law - Recruitment - Right to Appointment - The court observed that the petitioner, being an in-service candidate, could not claim appointment to a higher post without following the recruitment rules. The selection process did not confer an indefeasible right to appointment. (Paras 4-5)
Issue of Consideration
Whether the petitioner, who was selected and placed at Sr. No.1 in the merit list for the post of Stenographer (Lower Grade) English, has a right to be appointed to that post despite the preference given to ex-servicemen in the advertisement.
Final Decision
The writ petition is dismissed. The court upheld the appointment of the ex-serviceman based on the preference clause in the advertisement.
Law Points
- Preference in appointment
- Ex-serviceman
- Right to be considered
- Selection process
- Recruitment rules
