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2007 (4) TMI 711 - SC - Indian LawsRight to continue in service - Guilty of Misconduct - name removed from the post of Forester - Notified vacancies of Foresters - name of the respondent got registered with the Employment Exchange only in the year 1976 - interim order passed to consider his case for appointment - Respondent was selected having been placed in Sl. No. 3 in the merit list - HELD THAT:- A selected candidate, it is now well settled, has no legal right to be appointed automatically. It is also not a case where an order has been passed without application of mind. It is also not a case where the appellant had made up its mind and the notice had been issued only by way of a formality. M/s. Siemens Ltd. v. State of Maharashtra,[2006 (12) TMI 203 - SUPREME COURT]. The Tribunal, as noticed hereinbefore, directed the respondent to show his cause. Ordinarily, no writ petition would be maintainable at that stage. Two other aspects of the matter cannot also be lost sight of. Respondent was not appointed pursuant to selection made in his favour. No offer of appointment was issued by the appellant. He was appointed pursuant to an interim order passed by High Court. The High Court ordinarily should not have done so. In any event, the writ petition having been dismissed, the interim order also came to an end. It could have been directed to be continued. Respondent did not, thus, have any legal right to continue in service after dismissal of the writ petition by the High Court. It is furthermore doubtful as to whether an original application could have been filed questioning the report of the District Employment Officer. Thus, the impugned judgment cannot be sustained which is set aside accordingly. Respondent may file his show cause within two weeks from date whereupon the appellants may take an appropriate decision in accordance with law. The Appeal is allowed.
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