Appointment Not an Indefeasible Right but State Can’t Be Arbitrary: Gujarat High Court Imposes ₹50,000 Cost
Case: Nilubahen Gordhanbhai Machhi Versus State Of Gujarat
Coram: Justice Nikhil Kariel
Case No.: C/SCA/5579/2021
Court Observation: “It is not correct to say that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post…. However, it does not mean that the State has the licence of acting in an arbitrary manner.”
“The decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. And if the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted.”
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