-:- 1 -:- Writ Appeal No.573 of 2006 and Writ Appeal No.717 of 2006. 28.09.2011 :- Shri A.K.Sethi, learned Senior Counsel with Shri Harish Joshi, learned counsel for the appellant. Shri C.S.Ujjaniya, learned Panel Lawyer for the Respondents No.1 and 2/State. Heard. O R D E R THIS writ appeal under Section 2 of the M. P. Uchha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 31.10.2006 passed by Single Bench of this Court in Writ Petition No.6952 of 2003 [O.A.No.967 of 2000]. By the said order dated 31.10.2006, the learned Single Judge has decided two more writ petitions bearing Writ Petition No.4006 of 2003 and Writ Petition No.959 of 2006. Against the order passed in Writ Petition No.959 of 2006, a Writ Appeal No.717 of 2006 has been filed which is also decided by this common order. [2] Briefly stated, in pursuance of the advertisement -:- 2 -:- issued in the year 1990-91 issued by the Respondents for filling 62 posts of Assistant Professors (Chitrakala) in Higher Education Department, the appellant herein as also the appellant of Writ Appeal No.717 of 2006 applied for the said post. [3] Feeling aggrieved by his non-selection on the said post, the appellant-petitioner approached before the Madhya Pradesh State Administrative Tribunal in O.A.No.967 of 2000. On abolition of the Tribunal, the matter was transferred to this Court and was numbered as Writ Petition No.6952 of 2003. The grievance of the petitioner was that he has wrongly been denied the selection and inspite of there being vacant posts out of 62 posts which were advertised, the Respondents have arbitrarily kept large number of the posts out of the aforesaid 62 posts, vacant. [4] Replying the averments made by the petitioner, the Respondents stated in their return that due to inadvertent mistake, 62 posts of Assistant Professors (Chitrakala) were advertised. However, no such large number of vacancies were available with the Respondents – Higher Education -:- 3 -:- Department. It has been stated that at the time when the advertisement was issued, only two vacancies were available and, therefore, the petitioner was not given appointment. It has been further stated that in the year 1998 ten more posts were created for the first time by the Government with the approval of the Finance Department. Those newly created posts were filled up from the select list which was prepared by the Madhya Pradesh Public Service Commission on the basis of the aforesaid selection process. Out of the said ten posts, nine posts were filled up from select list of general category and the petitioner, a general category candidate, was not within those nine persons as per the merit list, he was not issued an order of appointment. Thus, according to the Respondents their action in not giving appointment to the appellant-petitioner is not arbitrary and no fault can be found in it. [5] The learned Single Judge after perusal of the record produced by the Government recorded a finding that due to inadvertent mistake the State Government advertised 62 posts whereas the vacancy was only of two posts. -:- 4 -:- Thereafter additional posts were sanctioned which were filled up by the State Government from the select list as per the sequence in the merit. The petitioner was not coming into the merit list to the extent the seats were vacant and filled, having noticed these facts the learned Single Judge dismissed the writ petition. We find no ground to take a different view than the view taken by the learned Single Judge. Even otherwise in view of Rule 13 (3) of the Madhya Pradesh Education Service (Collegiate Branch) Recruitment Rules, 1990 and also the settled legal position that the inclusion of name of the candidate in the select list does not confer any right of appointment, no case for interference is made out. [6] Accordingly both the writ appeals deserve to be and are hereby dismissed. Let a copy of this order be placed in the file of connected writ appeal, as particularized above. [ Shantanu Kemkar ] [ Prakash Shrivastava ] JUDGE JUDGE (AKS)