Court rules that mere recommendation by Selection Committee does not confer a right to appointment without approval by competent authority.
In a significant ruling, the Punjab and Haryana High Court has dismissed a petition filed by Birendra Singh Rawat, who sought a judicial order to compel his appointment as a Member (Non-Judicial) of the Punjab State Human Rights Commission (PSHRC). The court held that a mere recommendation by the Selection Committee does not create an enforceable right to appointment unless it is approved and notified by the competent authority, which is the Governor.
The case, presided over by Justice N.S. Shekhawat, dealt with the legal contention by Rawat that his name had been recommended by a duly constituted Selection Committee for the said post following an advertisement in 2022. However, the recommendation did not culminate in an official appointment, and a subsequent fresh advertisement was issued for the same position, prompting Rawat to file the petition.
The court emphasized that under Sections 21 and 22 of the Protection of Human Rights Act, 1993, the appointment of members to the State Human Rights Commission is at the discretion of the Governor, even after a recommendation is made by the Selection Committee. The judgment further reinforced that the recommendation alone does not confer any vested or indefeasible right to appointment, and the government retains discretion over such appointments unless its decision is arbitrary or discriminatory.
Furthermore, the court highlighted the absence of any legal obligation on the part of the State to fill all advertised vacancies, as long as the decision not to appoint is bona fide and not arbitrary. The court noted that the petitioner had not challenged the foundational decision of the Governor effectively returning the recommendation, which was a critical procedural lapse. Consequently, the petition was dismissed on the grounds that it was based on an incomplete and defective prayer.
The judgment also referenced several Supreme Court precedents, underscoring that inclusion in a select list does not guarantee appointment and that a writ of mandamus cannot compel an appointment in the absence of approval by the competent authority.
Bottom Line:
Mere recommendation of a Selection Committee does not confer an enforceable right to appointment until it is approved and notified by the competent authority.
Statutory provision(s): Protection of Human Rights Act, 1993 Sections 21, 22; Constitution of India Article 226.
Birendra Singh Rawat v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2855978
