SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation  ||  Supreme Court Sets Aside Conviction of Four Men in a 1998 Gang Rape Case  ||  Supreme Court: Privy Purse Privileges of Princely Rulers are Not Enforceable Legal Rights  ||  Delhi HC: Repeated Court Summons May Distress and Re-Traumatize Child Sexual Assault Victims  ||  Jammu and Kashmir High Court: Labeling Someone as a Terrorist Associate Amounts to Defamation  ||  Delhi HC: Setting Aside or Altering a Judge’s Order by a Higher Court Doesn’t Affect Their Integrity  ||  Delhi High Court: Accused Cannot be Faulted For Smart Replies; Interrogator Must be Sharper  ||  Supreme Court: Belated Jurisdictional Challenge Impermissible After Participation in Arbitration  ||  Supreme Court: Failure to Prove Specific Overt Acts of Each Unlawful Assembly Member Not Fatal  ||  Supreme Court: Parental Salary Alone Cannot Determine OBC Creamy Layer Status    

Ramhari Dagadu Shinde And Ors vs. The State Of Maharashtra - (High Court of Bombay) (20 Jun 2023)

Nomination of employee to a post in pure discretion and subjective satisfaction of the previous Government does not vests any right to continue on posts

MANU/MH/2179/2023

Civil

In present case, the Petitioners assail order cancelling their appointment as Members/Chairman of the Maharashtra State Commission for Scheduled Castes and Scheduled Tribes respectively("Commission").

It is common ground that, the Commission is neither statutory nor mandated by any provision of the Constitution. Neither the constitution of the Commission nor the appointment of the Petitioners has any statutory basis. The Petitioners were nominated at the sole discretion of the government without following any selection procedure or inviting applications from the general public. Such an appointment has to be treated as one under the pleasure of the government and not in the nature of any employment or appointment under Part XIV of the Constitution.

The submission of the Petitioners that, the tenure of three years has not expired cannot be sustained. There is nothing in the GO appointing them on their posts to indicate that, the tenure of three years was a 'minimum tenure'. Nomination of the Petitioners to their posts without following any competitive process and in pure discretion and subjective satisfaction of the earlier government does not create nor vests any right or entitlement in the Petitioners to continue on their posts. In fact, the existence of the Commission itself is at the pleasure of the Government. The very inception of the Commission is by an executive order and can thus also be dismantled by an executive order. The Petitioners have no fundamental or legal right to the posts. Consequently, there is no requirement of any justification or of giving an opportunity of hearing to the Petitioners for their removal.

A change in social policy followed by a change in government is part of the democratic process and a change in implementation of policies and programmes per se cannot be charged as arbitrary or mala fide.

The order cancelling the appointments of the Petitioners to the posts of Chairman/Members of the Commission respectively cannot be said to be illegal, unlawful or otherwise vulnerable. No fundamental right to continue on the said posts is vested in the Petitioners. The GO dated 2nd December 2022 cancelling their appointment cannot be held arbitrary or discriminatory.

Tags : POST   APPOINTMENT   CANCELLATION  

Share :        
It is common ground that, the Commission is neither statutory nor mandated by any provis... For read more news from newsroom.manupatra.com"data-action="share/whatsapp/share" class="ic_wtsp-grid">

Disclaimer | Copyright 2026 - All Rights Reserved