Court rules empanelment does not confer automatic right to appointment; panel validity crucial to recruitment process.
In a significant decision, the Calcutta High Court has upheld the dismissal of a writ petition challenging the non-appointment of candidates empaneled for the post of Anganwadi Helpers under the Joynagar-II ICDS project in West Bengal. The division bench, comprising Justices Shampa Sarkar and Smita Das De, reaffirmed that empanelment merely indicates eligibility for selection and does not guarantee an appointment.
The case involved appellants Sarbani Sardar (Naskar) and others, who were part of a panel of 13 candidates selected on September 1, 2014, following an interview process. However, the panel's validity expired without any appointments being made, leading to the filing of the writ petition alleging inaction by the authorities.
The High Court examined the circumstances, noting that the Chairman of the Project Level Selection and Monitoring Committee had resigned, and no subsequent meetings were held, rendering the panel invalid due to the passage of time. The court emphasized the legal principle that empanelment does not create an indefeasible right to appointment, referencing several Supreme Court precedents, including the cases of Shankarsan Dash vs. Union of India and State of Haryana vs. Subash Chander Marwaha.
The court further highlighted that the panel in question lacked necessary approvals from the selection committee or the Director of Women and Child Development, rendering it legally unenforceable. Moreover, the panel's expiration in 2016 precluded any appointment rights, as the appellants were listed under the general category with no available vacancies.
Justice Sarkar and Justice Das De concluded that without a legal duty imposed by statute, a writ of mandamus could not be issued to compel appointments. The appeal was thus dismissed, affirming the learned Single Judge's decision, which had taken into account the factual and legal aspects of the case.
Bottom line:-
Empanelment for a position does not create an indefeasible right to appointment. The validity of a selection panel is limited to its prescribed time, and candidates cannot claim appointment beyond that period.
Statutory provision(s):
- Mandamus conditions for issuance
- Recruitment process and empanelment regulations
- Validity of selection panels
Sarbani Sardar (Naskar) v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2944594
