HIGH COURT OF JUDICATUEIE CHHATTISGARH: S?t('%f'yi. n? •A^•^.^;:?:^^:?>^. •v^'a' tSs Yaduinaai Chouxvdhaiy,S/o Rohit Kuinar Choudhary, aged about 28 years, R/o Jarskela, Block Tamnar Dist. Raigarh(C.G.) Versus : 1. State of Chhattisgarh through Seci^tarv. School Education Deptt. Raipiir. 2. Comruissioner, Lok Sliikshari, Chhattisgarh Raipur, 3. CoUector, Raigarh. 4. Chief Executive Officer, Distiict Panchayat Raigarh. 5. Chief Executive Officer, Janpad Psuichayat Tamnar, Dist. Raigarh. •••'-..^-^ Shri Sunil Sahu, counsel for fhe petitioner. Shri Alok Bakslli, Goveranient Advocate for the State/respondent No.l. None for the respondents No.2, 3, 4 aiid 5. 3rd Pebruary, 3006] .1. This petition fried uuder Ai-ticle 226/227 of Uie Constitution of India seeks a direction agaiast the respondents to issue appoiatment order ia favour of the petitioner on fhe post of Shiksha Kanni, Grade-III, in accordance wifh fhe circular dated 27.1,99 (ATuiexure P-3). According to fhe petitioner, fhe petitiouer iE;gSlfi s appUed for appointinent on fhe post of Shiksha Karmi, Giade-III (Lab Assistaiit/ Assistao.t Teacher Science) , The petitioner was p o.t ia the waiting Ust at serial No. 1. By order dated 18.7.2001 (Annexure P-9} the petitioner could not be appointed on fhe post of Sl-iilisha Karmi, Grade-III, inspite offhe fact tliat tliere was vacaiicy available smd ttie State Govemiaent by its circulai- dated 27.1.99 has dh^-cted aU the Chief Execiitive OfEcei-s of District Panchavats and Ziia Psjichayats to fill up fhe vacajicies from. the caadidates placed ID ^ fhe waiting list. It is weU settled principle of law fhat a candidate bas no right to be appointed even if he is placed in fhe waituig list, except in fhe cases where einplover has. chosen fhe criteria of A following fhe inerit list. In the present petition, it is not fhe case of fhe petitioner fhat soine one below ia the seiiiority has been appointed. Adraittedly, fhe petitioner was in the wpdtiiig Ust at serial No. 1 which has not been denied by the respondents. 2. For fhe reasons stated above, the respondeuts ina}' consider the appointment of the petitioner on the post of Shilcsha Karmi, Grade-III, in accordance wifh fhe circulEiT dated 27.1.99 (Aaiiexure P-3) aiid in accordance wifh law, if any vacaacy is available. 3. In view offhe foregoing this petition stajid disposed of. No oider as to cost. Sd/- Satish K. Agnihotri Judge