Appointment to a particular post cannot be claimed as a vested right, even after a candidate is selected for the said post

Madhya Pradesh High Court: A Single Judge Bench of Vivek Rusia, J., dismissed a writ petition filed by the petitioner seeking a writ of Mandamus against the respondent authorities.

The main issue that arose before the Court was whether an appointment for the position of a guest faculty can be claimed as a vested right.

The Court observed that from the representation filed by the petitioner it becomes clear that the petitioner was given joining by the respondent authorities to the post of guest faculty, however, some untoward events took place between the petitioner and other teachers of the school and hence he was not allowed to perform his duties. Further, an aspirant does not have a vested right to seek a writ from the Court for appointment to a particular post. In several Supreme Court judgments it has been held that even after a person gets selected for appointment to a particular post, the said candidate cannot seek a writ of Mandamus for an appointment since appointment is not a vested right.

The Court held that the petitioner in the instant case cannot claim appointment as a vested right and hence the writ petition was dismissed.[Hemant Kumar Pandey v. State of Madhya Pradesh, 2018 SCC OnLine MP 811, order dated 02-11-2018]

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