^ ^/ HIGH COURT OF CHHATTISGARH AT BiLASPUB <*' D . P.No. 418 of 2003 Petitioner Vsrsus espondsnts 1. '2.. 3. d Govind Sharma, S/o sht Harihar Prasad Sharma, aged about 26 yrs, resident of M-575, Padmanabhpur (Near Dam), Dist-Durg(C.G.) State of Chhattissarh, Through Sscretary, Departmsnt of Health D.K.S. Buiidfng, Raipur. Ths Health Secreiary, State Health Socjety CT.B.) Chhatisgarh. Ths Director, heatth ChhaUsgarh, Raipur. The Joint Dsrector, Hsaith Semces, Chhattisgarh, Raipur. Serwces, WRIT PETSTION UNDER ART8CLES 226/227 OF THE CQSTiTUTiQN OF JNDiA SB: Kon'bis Mr. Justics SaSsh K. Agnihotrj Smt Shri ifc Renu Kocher, Advocate for the pstitionsr. ri Arun Sao, Govt. AdvocaSs for ttie respondente. ,") y of ORALORDER (Passed on this 30* day of July, 2008) 1. Ths petitioner, being aggnsved by ths non-appointment on the post PharmacistfStereteeper, has S!ed fliis petftion quesBoning ths setectton procedure and seeking s direction to the respondente No. 3 and 4 to sppoint the pstitioner on ths post of Pharmacisfc'Storekeeper. 2. Ths indisputabie facte, in nutshel!, are that pursuant to the adverfisenient, pubiished in Dainik Bhaskar newspaper on 23.2.2(X)2, the peStioner appiied-for ttis post on 28.2.2002 (Annexure P/1). After being successful in tfte written test he was catled for intsmew. Accordins to learned counsel for the petiSoner he was number one in the selsct list. The entire setedion process, inciuding the setect !is{, was cancsiled on the ground of mass irreguiarities committed in the setection process. A fresh advertisement ..SiSKBl... <!?;il ^•"' St. ~^ S. //' 'iiij^^sq :^sy was pubiished in e Dainik Bhasker newspaper on 20.10.2002 (Annsxurs P/5) for appointment on the said post of Pharmacist'Storskesper. 3. The advertissment (Annexure P/5) reads as under:- "Ths Stats Keaith Society CTB), Chhatisgarh, Raipur invites appiication for recruitment of the foito'A'ing officers/assistants on annua! contract basis. Seiection will be strictiy on merit assessed by a v/rittsn exsminaSon if necessary and intsrview. The contract period may be extendsd from year to year and may be terminatsd at one-month noSce from siitier side." 4. Lsamsd counse! appearing for the petiSoner submite that the petitioner again submitted his application on 21.10.2(X)2 (Annsxure P/7) and appearsd in the writtsn test but he v»'as not cailed for inter»'isw on ths ground that he wss not eligible. She submite thaf ths petitioner v/as seiected in the wriftsn test and he was at number ORS in eariier sslect list. Th rhs peStioner has not fiied any such document in support of he? contention. Having heard tearnsd counss! appearing forthe petitioner and perusing the documsnte appended thereto, the case of the petitioner is that the pstitioner was <u!!y quah'fied and he was at number one, cannot be countenanced and it has no merit. Whsn &se appiications were invited through advertisement, it is ver/ well possibte that the other more quaiified candidates were selectsd and appointsd on ths post. The ground taken by the petffioner that he was more slisibte but he was not csited for intemew is not sustainabls. Even othsrwjse, the seiection process has taken pjace in the year 2002, consequent thereupon, the appointmsnt must have been made. The peSGoner has filsd this psfition on 25.1.2003, without implesding the successfu! candidate as psrty/rsspondent. The matter w/as iisted on 17.3.2003, when none appeared for the petitioner. Thereafter, no -s 0! as ThsKur &• t^ aftsmpt was made te take-up the matter for hearing. At this stage, such a reiief cannot be grantsd, upseffing ths selecSon and appointment of other candidatss, who are not a party in this Court. Even otherwise it is wel! established that a candidate has right to appear and participate in the setection process on the touchstone of Artictes 14 and 15 of &ie -ffi Constitution of india, but has no right to appointmeRt. s. !n view of the foregoing, this petition has no merit. The petition is dismissed, accordingly. Consequently, il»'!(W)P No. 344/2003 stends dismissed. -—— - - ^-^ ^ _ satish K. Agmhotri Jydge i/ 4