SC: Cheque Dishonour Complaint Can't be Quashed Pre-Trial if Sec 138 NI Act Conditions Met  ||  SC: Personal Hearing Not Required Before Banks Declare Account ‘Fraud’  ||  Supreme Court Faults UCO Bank For Attempt to Stall Employee’s VRS Through Show Cause Notice  ||  SC: PwD Post in Unreserved Category Can be Filled by SC/ST/OBC Candidates With Disabilities  ||  Delhi HC: FSSAI Has No Authority to Regulate Animal Feed  ||  Gauhati HC: Adult Son Pursuing Studies is Not Entitled to Maintenance under Section 125 CrPC  ||  Cal HC Upholds Divorce, Rules False Cases by Wife And 17-Year Separation Constitute Mental Cruelty  ||  Supreme Court: Calling Someone ‘Bastard’ In Heated Exchange Isn’t Obscenity under IPC Section 294  ||  Supreme Court: Even a Single Tainted Public Work Award Violates Article 14  ||  Supreme Court Upholds Lease Cancellation, Denies Relief for Failure to Develop Allotted Land    

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