JUDGMENT Arun Tandon, J.
1. That an advertisement dated 19,6.2003 was published in daily newspaper Dainik Jagran inviting applications for appointment on two post of Junior Clerk and One post of Stenographer reserved for Scheduled Castes and Scheduled Tribes candidates in the office of the District Magistrate, Pratapgarh. Petitioner alleges to be possessed of requisite qualification and a member of Scheduled Castes he accordingly applied for the post of Stenographer. It is alleged that written examination, test of Stenography and thereafter interview took place on 29.6.2003.
2. The result of the said selections was not declared, therefore the petitioner approach this Court by means of writ petition no, 55341/03. The writ petition s6 filed by the petitioner was disposed of with liberty to the petitioner to file a representation and the Commissioner Allahabad in turn was directed to decide the same within the time specified.
3. The Commissioner, Allahabad Division, Allahabad by means of the impugned order dated 22.2.2005 rejected the representation so made by the petitioner and has held that fresh selections are required to be held in accordance of the government order dated 21.6.2003 whereby the selection process for appointment of Group 'C posts has been amended. It is further been stated that the petitioner could not achieve the minimum type speed in the subsequent selections, therefore, he was not called for interview.
4. On behalf of the petitioner it is stated that since the selection process has been started prior to the enforcement of the amended rules, the process should have been completed under the unamended rules. It is further stated that there is no justifiable reasons for canceling the selections.
5. Standing Counsel submits that a subsequent advertisement was published against which the petitioner applied again for the post of typist and since he could not achieve the required speed, he has not been called for interview. In paragraph 14 of the Counter Affidavit it is stated that under the government order dated 21.6.2003 the procedure for selection having been altered the decision was taken to cancel the selections. It is stated that mere participation in selections does not confer any right and it is open to the State respondents to cancel the selections at any point of time. Lastly it has been stated that the appointing authority with regards to the post of Stenographer is the Commissioner of the Division and, therefore, the earlier selection process started which was started by the District Magistrate was also illegal.
6. I have heard learned counsel for the parties and gone through the records.
7. From the records of the present writ petition it is apparently clear that the procedure for making selection on Class III post was modified vide government notification dated 21.6.2003. The first selection in the facts of the present case should have been completed according to the procedure prescribed at the time when the process of selection was initiated. However, in view of the fact that the appointing authority for the post of Stenographer is the Commissioner and since the process of first selection was initiated by the District Magistrate, the decision taken by the State Respondents to cancel the said selections cannot be said to be arbitrary. It is also settled law that mere selection does not confer any right. In such circumstances the order passed by the Commissioner cannot be said to be illegal in any manner,
8. However in the facts and circumstances of the case it is provided that the respondents may advertise the vacancy of Stenographer afresh within three weeks from the date a certified copy of this order is filed before the Commissioner, Allahabad Division, Allahabad, Necessary process for selection shall be completed at the earliest possible, petitioner shall also be permitted to participate in the said selection. The entire process must be completed within three months in accordance with law and results notified for the purpose of offering appointment to the selected candidates.
9. Writ petition is disposed of.