!! 1 !! D.B. CIVIL WRIT PETITION No.10/1998 (Shyam Lal Vs. Union of India & Ors.) Date of Order :: 15.02.2010. HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS None present for the parties. None present for either of the parties even in second round. We have perused the writ petition as well as impugned judgments dated 24.09.1997 and 12.02.1997. By way of filing present writ petition, the petitioner is challenging judgment of the Tribunal passed in Review Application No.2/1997 dated 24.09.1997 and the judgment dated 12.02.1997 passed in Original Application No.118/1994 Exhibit-P/8, whereby, the learned Tribunal has rejected the claim of the petitioner for seeking direction to appoint him being selected candidate on the post of Family Welfare Extension Educator in short F.W.E.E. since 1987. We have perused the judgment impugned in this writ petition. The learned Tribunal while following the judgment of Hon'ble Supreme Court reported in 1994 (4) SLR (SC) page 461 held that as per settled legal position, a selected candidate who has been empanelled in the merit list does not acquire any indefeasible right of appointment and considering the fact that in instant case the applicant did not secure any !! 2 !! merit in the consolidated merit list, therefore, he cannot claim to be appointed on the advertised post and much less from the back date. In our opinion, the learned Tribunal has not committed any error while dismissing the original application filed by the applicant. The judgment impugned is just and proper and based on settled proposition of law. Hence, no interference is warranted in this writ petition. Accordingly, the writ petition is dismissed. No order as to costs. (GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J. A.K. Chouhan/- A.K. Chouhan/-