Neutral Citation No. - 2025:AHC:55700-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 223 of 2025 Appellant :- Dr Mukesh Kumar Malviya Respondent :- Union Of India And 5 Others Counsel for Appellant :- Shailesh Kumar Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Hem Pratap Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Anish Kumar Gupta,J. (Ref: Civil Misc. Delay Condonation Application No. 1 of 2025) 1. Heard. 2. Cause shown for the delay in filing of the special appeal is to the satisfaction of the Court. The delay in filing of the special appeal is condoned. 3. The Delay Condonation Application is, accordingly, allowed. (Ref: Special Appeal) 1. Learned Single Judge has rejected the claim of the appellant for appointment to the post in question after observing that though the initial advertisement no. 21/2021 was published, but the petitioner was not called for interview. The selection proceeding for the post in question was ultimately continued in the year 2024, wherein the appellant participated and he was not found suitable. It is thereafter that the writ petition has been filed by the appellant claiming that since he was the only eligible candidate against the advertisement published in the year 2021, as such, he was entitled to be appointed against such advertisement published in the year 2021 itself. 2. The learned Single Judge has non-suited the appellant by holding that mere making of application pursuant to advertisement did not confer any right in favour of the appellant. The recruitment ultimately has been conducted in the year 2024, in which the appellant has participated. The process of recruitment was carried forward to the year 2024. The appellant acquiesced to such recruitment and once he has not been found suitable he cannot turn around and claim appointment in the year 2021. 3. Though various submissions are advanced including the argument that another person against similar post was appointed, but such issues would not be available to the appellant in the present appeal in view of the fact that the claim for appointment was not pressed in the year 2021. Even otherwise mere making application pursuant to advertisement create no right in favour of the appellant. Once petitioner has appeared before the selection committee in the year 2024 and has not been found suitable, a claim for previous appointment in 2021 would not merit consideration. We are in respectful agreement with the view taken by the learned Single Judge to non-suit the appellant. 4. The special appeal lacks merit and is accordingly dismissed. Order Date :- 16.4.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad