Delhi HC: Workman Cannot Claim Section 17(B) of the ID Act Wages after Reaching Superannuation Age  ||  Allahabad HC: Caste by Birth Remains Unchanged Despite Conversion or Inter-Caste Marriage  ||  Delhi High Court: Tweeting Corruption Allegations Against Employer Can Constitute Misconduct  ||  Delhi High Court: State Gratuity Authorities Lack Jurisdiction over Multi-State Establishments  ||  Kerala High Court: Arrest Grounds Need Not Mention Contraband Quantity When No Seizure is Made  ||  SC: Silence During Investigation Does Not Ipso Facto Mean Non-Cooperation to Deny Bail  ||  Supreme Court: High Courts Cannot Re-Examine Answer Keys Even in Judicial Service Exams  ||  SC: Central Government Employees under CCS Rules are Not Covered by the Payment of Gratuity Act  ||  Supreme Court Holds CrPC Principles on Discharge and Framing of Charges Continue under BNSS  ||  Supreme Court: High Courts Must Independently Assess SC/ST Act Charges in Section 14A Appeals    

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