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2009 (2) TMI 332 - KERALA HIGH COURTCentral Administrative Tribunal (CAT) - In this Writ Petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to appoint him as Administrative Member in the Central Administrative Tribunal, Ernakulam Bench. – Petitioner alleging that subsequent withdrawal of recommendation based on false intelligence report - The petitioner has in the Writ Petition placed reliance on the decision of the High Court of Himachal Pradesh in Kali Das Batish v. Union of India & others - Selection Committee withdrew their earlier recommendation to appoint him and that the recommendation of the Selection Committee to withdraw their earlier recommendation to appoint him as Administrative Member was concurred with by the Honourable the Chief Justice of India and approved by the appointing authority - This Court exercising the power of judicial review cannot therefore, as held by the Apex Court, sit in appeal over the decision of the Selection Committee or of the Honourable the Chief Justice of India who approved it, substitute its own decision and invalidate the decision of the Government of India. It is also now well settled by a series of decisions of the Apex Court including the decision in Union of India and others v. Kali Das Batish and another (supra) that the mere inclusion of a candidate in the select list does not confer on him a right to be appointed and that if there was no right, there could be no occasion to maintain a writ petition for the enforcement of a non-existing right. Therefore, the petitioner cannot, in my considered opinion, assail the decision taken by the Government of India not to appoint him as Administrative Member of the CAT – Petition is dismissed
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