Case Note & Summary
The case involved an appeal against contempt proceedings initiated by the High Court of Orissa against the Registrar and Vice-Chancellor of Utkal University of Culture. The respondent had filed a writ petition seeking a mandamus for the completion of the selection process for a Lecturer position. The High Court directed the University to complete the selection process, which was done, but the State Government later abolished the post. The respondent filed a contempt petition alleging non-issuance of an appointment letter despite selection. The appellants contended that the State Government's approval was necessary for appointments, which was denied due to the abolition of the post. The Supreme Court examined whether a writ of mandamus could compel the State Government to appoint someone to a post that no longer existed. The Court concluded that the respondent had no indefeasible right to appointment, as selection alone does not guarantee a right enforceable through a writ petition. The Court found no contempt against the appellants since they had complied with the High Court's order to complete the selection process. Consequently, the Supreme Court set aside the High Court's orders and discharged the contempt notice, allowing the appeal without costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Authority to Direct Appointment - Constitution of India, Article 226 - The Court held that a selection does not confer an indefeasible right to appointment, especially when the post has been abolished by the State Government. The respondent's inchoate right does not warrant contempt proceedings against the appellants, who complied with the initial order of the High Court (Paras 10-12).
Issue of Consideration
Whether the Court can direct the State Government by a writ of mandamus to appoint a person against a post which has been abolished by the State Government.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's orders dated 24.1.2006 and 27.1.2006, and discharged the notice of contempt against the appellants.
Law Points
- Writ of mandamus
- contempt of court
- selection process
- inchoate right
- approval by State Government
