Gujarat High Court: While deciding a civil application, the Division Bench comprising of N.V. Anjaria. J. and Sandeep N. Bhatt, J. held that reappointment is not a vested right, and a writ cannot be issued to direct the Ministry of Corporate Affairs to complete the reappointment process of the petitioner.
Background
In the case at hand, the petitioner was appointed as Judicial Member of the National Company Law Tribunal (NCLT). The petitioner held office for 5 years as contemplated and sent her willingness to continue as a Judicial Member for another term of 5 years. The petitioner hence, filed a civil application to get her reappointment process completed within the time period.
The Court noted that reappointment is not a vested right for the petitioner. The petitioner has shown her willingness for reappointment and her case may be liable to be considered in accordance with the law.
The Court stated that merely because the petitioner has shown her willingness to be considered and merely because she has opted for reappointment, could not be a ground to seek writ from the Court that her appointment process may be completed. Hence, the Court denied to grant any direction or observation in respect of the petitioner to complete the process.
The Court held that the petitioner’s case could be at the best considered along with other aspiring candidates in accordance with law and on its own merits. Hence, the Court disposed of the petition and directed that if at all vacancies are available to be filled up, the authorities shall act in accordance with law.
[Manorama Kumari v. Union of India, 2022 SCC OnLine Guj 2172, decided on 29-11-2022]
Advocates who appeared in this case :
Counsel for Petitioner:- Sr. Advocate Percy Kavina, Advocate Vishal J Dave, Advocate Nipun Singhvi.