/, CW}C lwzw EEE‘émE gEE‘§$§”§ ‘\@ F€ IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPU R PETITIONER RESPONDENTS M Amit Mishra, S/o Shri Ramesh Mishra, aged about 22 years, Resident of behind Bheekham Chand Dharmashala, Heera Lal Ward Daupara Mungeli, Distt. Bilaspur (C.G.) VERSUS 1. State of Chhattisgarh Through :— The Collector, Kabirdham, District Kabridhaxn (C.G.) 2. Commissioner, Namgqi‘iya Prashashan Evam Vikas Vibhag, Sanchanalayar Raipur (C.G.) 3. Chief Municipal Officer of the Office of the Nagar Palika Parishad Kawardha, Distt. Kabirdham (C.G.) '\ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. wmsmo. 6§6 L2010(s.B.} 373 HIGH COURT OF CHHATFISGARH AT BILASPUR WRIT PETITION (S) No. 656 ofZOlG PETITIONER : Amit Mishra. VERSUS RESPONDENTS State of Chhattisgarh & Others. WRIT PETI’HON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’bie Shri Satish K. Agnihotri, J. Present: Shri N.K.Chatteriee Advocate for the petitioner. Shri AV.Shridha"r, i‘anel Lawyer for the State/respondent No.1 ORAL ORDER (Passed on 15m day of February, 2010) 1. By this petition, the petitioner seeks a direction to the respondents to consider his ease for appointment within a period ofone month from the date ofthe order. 2. The indisputable facts, in nutshell. are that pursuant to the advertisement dated 19.08.2008 (Annexure P/l) issued by the respondent No. 3, the petitioner made an application for appointment on the post of Revenue Inspector under the unreserved category. The petitioner was called for interview on 10.02.2009 (Annexure P/8) and thereaiter, the petitioner was found selected for appointment. However, appointment could not be made on the ground that the selection was subject to approval by the President in Council. The petitioner seeks a direction to appoint him on the basis ofhis selection. I have heard learned counsel for the petitioner, perused the pleadings and documents appended thereto. 4. On query, asto whether the selection list is required to be approved by the President in council, learned counsel for the petitioner is not in a position to produce any rules, regulations or any documents wherein the appointment is not subject to approval by the President in council. For want of relevant rules and regulations, it is presumed that the Municipal Council is following the proper procedure and no appointment can be 2 ‘3 given without approval from the President in Council. Further, the President in Council in its meeting held on 11.11.2009 resolved that no appointment can be made as the council has financial probles. The petitioner may be appointed if the petitioner is ready to extend his services free of cost till the financial difficulty in establishment expenses is resolve. 1n Ludhiana Central Ca-operative Bank Ltd . Amrik Sngh and othersl, the Supreme Cour observed that “even otherwise, it is well settled by now that a person Whose name is said to find place in a select panel/waiting list has no vested right to get appointed to the post in spite of vacancies existing. 3’ . In Union India and others v. Kali Dass Batslt and another}; the Supreme Court observed that “mere inclusion of a candidate’s name in the selection/waiting list gave him no right. and if there ws no right, there could be no occasion to maintain a writ petition for enforcemen of a non-existing right”. This Court in Rajesh Kumar Dewangan v. The ife Insurance Corporation of India & 0thers3 held that “the petitioner does not acquire an indefensible ight to be appointed on the post ofAssistant pursuant to his selection” and that “no direction can be given to issue appointment letter to te petitioner though he has come out successfitl in the seiectz’on process.” Applying the well-settled rinciples of law to the facts o the case on hand, this petition is meritless and as such the petitioner is not entitled to any relief. Acordingly, the writ petition is dismissed at the motio stage itself atish K. Agnihotri Judge Sd/- innit y (2003) ’ 10 SCC 136 9‘ (2006) . 1 SCC 779 5.2007 (3) MPHT 22 (cg) ? m d v i t of i a t L r h p f , c n S T.