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AIR 2008 SUPREME COURT 223
::2007 AIR SCW 6630
Supreme Court Of India
(From : Orissa)*
Hon'ble Judge(s):
A. K. Mathur,
Markandeya Katju
, JJ
Contempt of Courts Act (70 of 1971) , S.12— Disobedience of order of Court - Order of Court to complete selection process for post of lecturer and to publish results complied with by University - However, candidate could not be appointed in view of second proviso to Statute 4(1) and also subsequent abolition of post - Candidate cannot claim right to post - No question of contempt. Constitution of India , Art.16, Art.226— Utkal University Act (20 of 1966) , S.22— Utkal University of Culture First Statute (2001) , Statute 4(3)— Where the direction of the High Court to complete the selection process for post of lecturer and to publish the results, were followed by University. However, the respondent was not appointed to the post as in view of second proviso to Statute 4(1) of the Statutes of the University no appointment could be made without the prior approval of the State Government and the State Government having subsequently abolished the posts in question, the respondent cannot claim a right to the post, nor is there any contempt of Court. Moreover the respondent even after selection has no indefeasible right to be appointed on the post because a selection does not confer a right of getting appointment which can be enforced by filing a writ petition under Article 226 of the Constitution. Since the respondent has only an inchoate right to the....
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