Appointment can never be a matter of right, says Madras HC

CHENNAI: A vacation judge of the Madras High Court has rejected a plea from one D Manikandan to appoint him as Village Administrative Officer (VAO) on the basis of his representations submitted in August 2016 and April this year to the Nagapattinham district administration.

Appointment can never be claimed as a matter of right, Justice S M Subramaniyam said on May 9 last. All public appointments are to be made only by following recruitment rules in force. Equal opportunity in public employment is a constitutional mandate and there cannot be any discrimination, the judge said. 

The constitutional perspectives require that the authorities act in a fair and reasonable manner, so as to complete the selection in accordance with the constitutional mandates. The fair and reasonable procedures are the inherent ingredients of the Constitution. Thus, it is not as if the  qualified person submitted an application and filed a writ petition seeking direction to consider the representation. Such direction sought for in the nature of representation can never be entertained under Article 226 of the Constitution, the court observed.

“The State as a model employer, is duty bound to provide equal opportunity in its real sense,” the court said. “All recruitment process are to be conducted as per the rules and by following the rules of reservation as applicable. This being the legal principle to be followed by the appointment authorities or the competent authorities, this court is of an opinion that the relief as such sought for in this writ petition cannot be granted. No writ in the nature of recommendation can never be issued by the High Courts,” the judge observed and dismissed the petition.