Inclusion in selection list gives no indefeasible right for appointment: SC

The Supreme Court on Tuesday said mere inclusion in the selection list does not give an indefeasible right to a candidate as the employer has a right to refuse appointment on any valid ground.

A bench of Justices Ashok Bhushan and M R Shah declined to come to any rescue of a candidate whose final selection in Madhya Pradesh judiciary as a district judge was struck down due to pendency of a dowry harassment case filed by his wife.

"The persons who occupy judicial service of the state are persons who are expected to have impeccable character and conduct," the bench said while dismissing a petition filed by Amit Bhardwaj against the High Court's judgement of January 6, 2020.

The HC declined to consider his plea, even on the ground that he had, subsequent to the rejection of his appointment, got acquitted in the case.

The top court pointed out it was not disputed that the criminal case under Section 498A and 406 IPC was pending at the time when he applied for the recruitment, and appeared for the interview and when the result was declared.

However, the character verification report mentioning pendency of the criminal case was the reason for the Appointment Committee to declare him unsuitable to the post, the court added.

"The mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward," the bench said.

In such cases, the bench pointed out, the constitutional courts can interfere with the decision of the selection committee only when rejection is arbitrary and actuated by mala fide.