Case: U. P. Bhumi Sudhar Nigam Limited Vs. Shiv Narain Gupta

2. Uttar Pradesh Bhumi Sudhar Nigam Limited (the Corporation) advertised for the post of Financial Controller in the year 1990. As a result of the interviews held by the selection committee, a panel of three names was recommended to the Corporation. One S.K. Sachdeva was at number one and Shiv Narain Gupta, respondent in the appeal herein, was at number two in the + From the Judgment and Order dated 26-3-1993 of the Allahabad High Court in W.P. No. 3215(SS) of 1991 said panel. An appointment letter was issued to S.K. Sachdeva and he was asked to join the post by 31-10-1990. S.K. Sachdeva having failed to join the post, Shiv Narain Gupta represented before the Corp oration that he, being next on the merit panel, be considered for appointment to the post. When no action was taken by the Corporation for considerable time, Shiv Narain Gupta filed a writ petition under Article 226 of the Constitution of India before the Lucknow Bench of the Allahabad High Court. The writ petition was allowed by a learned Single Judge of the High Court and a mandamus was issued to the Corporation to appoint Shiv Narain Gupta to the post of Financial Controller. This appeal by the Corporation is against the judgment of the High Court.We may briefly notice the factual stand taken by the Corporation before the High Court. It is stated that in January 1990 the World Bank assessed the possibility of entrusting a Reclamation Project to the Corporation. Keeping in view the proposed project the Corporation advertised for the post of Financial Controller. At the time when the panel was prepared by the selection committee, the project had not started but since the candidate at number one of the merit panel, Sunil Kumar Sachdeva, was in addition qualified Company Secretary, it was thought appropriate by the Corporation to offer the appointment to him. By December 1990 it transpired that the project was not likely to start at least for a period of two/three years. The World Bank Mission visited India in July 1991 and conveyed that the setting up of the project was likely to be delayed considerably. Under these circumstances, the Board of Directors of the Corporation decided to abolish the post of Financial Controller till further projects are made available and entrusted to the Corporation.

Reasoning: . It wascontended by Mr Gopal Subramaniam that in the facts and circumstances of this case, the Corporation acted bona fide and was justified in not offering the appointment to the respondent. We agree with the learned counsel. We are of the view that the High Court fell into patent error in issuing the mandamus in the facts and circumstances of this case. This Court has authoritatively laid down that even if a vacancy is available and the employer bona fide declines to make an appointment, the candidate on the select list has no right whatsoever to claim appointment. In the present case the post was abolished by the Board of Directors in the year 1991. Shiv Narain Gupt a in fact challenged before the High Court the action of the Corporation in abolishing the post. Neither the facts of this case nor the law on the subject warranted any interference by the High Court in the writ petition filed by Shiv Narain Gupta . The Constitution Bench judgment in Shankarsan Dash case1 was cited before the learned Single Judge of the High Court. We are constrained to say that the learned Judge failed to appreciate the binding ratio of the said judgment.