HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:20581 OF 2009 DATE:22.7.2010. Between: Raja Aditya M. …Petit And: Central Bank of India rep by its Chairman, Muimbai & another …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:20581 OF 2009 ORDER: This writ petition is filed by the petitioner seeking a writ of mand to declare the action of the respondent-Bank in publishing a revised s list in respect of Recruitment of Specialist Officers (IT)-2009 without v canceling the original select list as illegal and arbitrary and consequen set aside the said action. The case of the petitioner is that pursuant to the notification issu the respondent-Bank to the post of Specialist Officers in the are Information Technology (IT), he had applied for the post of Inform Technology Officer MMG, Scale II and appeared for the written te Hyderabad on 23.11.2008 and he qualified the test and he was intervi by the Respondent-Bank at Mumbai on 6.3.2009. On 10.8.2009 respondent-Bank published the list of selected candidates in their we in which he was declared provisionally eligible for appointment subj medical fitness. While he was waiting for a formal letter of appointme 20.8.2009 another revised select list was published in the web site in w his name was found missing. Hence, the present writ petition is filed. While admitting the writ petition on 24.9.2009, this Court gr interim direction in W.P.M.P.No:26833 of 2009 to the effect that if any candidates are appointed pursuant to the revised list, in their orde appointment, the respondents shall mention that such appoints are su to orders in WP No.20581 of 2009. The respondents have filed the vacate stay petition W.V.M.P. 2009 seeking to vacate the same along with a counter, wherein categorically stated that the respondents followed the guidelines o Government of India and provided the reservation for the appointmen accordingly, out of 122 candidates selected for the post of Inform Technology Officer in M.M.G Scale-II, 23 posts were reserved under S posts were reserved under S.T and 17 posts were reserved under OBC 74 candidates were selected in general category who obtained more the cut of marks of 177 and in the instant case, the writ petitioner ha only 169 marks. Therefore, the entire process of selection was transparently by keeping the information on web site and there arbitrariness in appointments made by the respondent Bank. In response to the contentions raised in the counter filed b respondent-Bank, no additional affidavit has been filed by the petitioner It is also pertinent to note that in a judgment reported in Sta Orissa Vs. Rajhkishore Nanda[1] the apex Court held at parag Nos.14,15: “14. A constitution Bench of this Court in Shankarsan Dash V. Union of India (AIR 1991 SC 1612) held that appearance of the name of a candidate in the select list does not give him a right of appointment. Mere inclusion of candidate’s name in the select list does not confer any right to be selected, even if some of the vacancies remain unfilled. The candidate concerned cannot claim that he has been given a hostile discrimination. 15. Select list cannot be treated as a reservoir for the purpose of appointments, that vacancy can be filled up taking the names from that list as and when it is so required. 15.1. It is the settled legal proposition that no relief can be granted to the candidate if he approaches the Court after expiry of the Select List. If the selection process is over, select list has expired and appointments had been made, no relief can be granted by the Court at a belated stage.” In view of the law laid down by the apex Court and in view o submissions made in the counter that the writ petitioner has got only whereas the selected candidates have got 177 marks, I feel that the que of any illegality or arbitrariness on the part of the respondent-Bank, doe arise. Therefore, this writ petition is devoid of merits and as such, the is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _____________________ Justice T.Meenaku Date:22.07.2010 NN HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:20581 of 2009 DATE:22.7.2010. [1] JT 2010 (6) SC 33