LAW FOR ALL

Service Matter - A person whose name appears in the select list does not acquire any indefeasible right of appointment. Empanelment at best is a condition of eligibility for the purpose of appointment and by itself does not amount to selection or create a vested right to be appointed. The vacancies have to be filled up as per the statutory rules and in conformity with the constitutional mandate.”= 2013 advertisement was issued only for one ‘unreserved’ post. Had somebody else been appointed, the grievance of the petitioner might have had substance. Admittedly, nobody was appointed for the said post and the post remains vacant. Subsequent developments are also relevant and noteworthy. For filling up of three ‘unreserved’ posts of MJS Grade-I, fresh advertisement was issued on 12th August, 2015 by the High Court. The petitioner also applied for the said post. Because of litigation and certain directions thereon, selection process pursuant to the said advertisement was cancelled. In supersession of the said earlier advertisement, a fresh advertisement was issued by the High Court on 4th August, 2016 seeking applications for three ‘unreserved’ and one ‘reserved’ post of MJS Grade-I. The last date for the receipt of applications was 26th August, 2016 and the petitioner also applied for the said post. The learned senior counsel appearing for the High Court submitted that the examinations are likely to be conducted in October, 2016. When the said post of 2013 examination has now been clubbed with other vacant posts and advertised seeking applications from the eligible candidates, the petitioner cannot seek mandamus seeking for appointment for the said post with retrospective effect. The petitioner has no indefeasible right to seek appointment as District Judge (Entry Level) in the Manipur Judicial Services Grade-I. In the facts and circumstances of the case, the petitioner is not entitled to the relief sought for. 32. For the foregoing discussions, the petitioner is not entitled to the relief sought for. In the result, the Writ Petition is dismissed.