Case Note & Summary
The petitioner, Shripad Ganpati Bhat, filed two writ petitions before the Bombay High Court seeking a writ of mandamus directing the respondents, including Tilak Maharashtra Vidyapeeth (a deemed university) and its Registrar, to appoint him to the post of a reader in Sanskrit. The petitioner was initially appointed as a lecturer in Sanskrit at Balmukund Sanskrit Mahavidyalaya, affiliated with the respondent university. The core issue was whether the petitioner had a legal right to be appointed as a reader and whether the court could compel such appointment through a writ of mandamus. The court, after hearing the counsel, noted that the selection committee had not recommended the petitioner for the post. Consequently, the court held that the petitioner had no legal right to the appointment, and a writ of mandamus could not be issued to force the respondents to appoint him. The petitions were dismissed.
Headnote
A) Service Law - Appointment - Writ of Mandamus - Legal Right - Petitioner sought appointment as reader in a deemed university - Selection committee did not recommend petitioner - Court held that no legal right exists for appointment without recommendation - Writ of mandamus cannot be issued to compel appointment (Paras 2-3).
Issue of Consideration
Whether the petitioner has a legal right to be appointed to the post of a reader and whether a writ of mandamus can be issued to the respondents directing them to appoint the petitioner to the post of a reader.
Final Decision
Both writ petitions are dismissed.
Law Points
- Writ of mandamus
- Legal right
- Appointment
- Selection committee recommendation
- Deemed university
Case Details
2006 LawText (BOM) (02) 46
Writ Petition No. 3989 of 1997 and Writ Petition No. 5190 of 1998
Shri. S. V. Pitre with Shri. Nitin P. Deshpande for the Petitioner; Shri. S. R. Nargolkar for the Respondent nos. 1 & 2; Smt. S. S. Bhende, AGP for respondent no.3
The Registrar, Tilak Maharashtra Vidyapeeth; Tilak Maharashtra Vidyapeeth; The State of Maharashtra
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Nature of Litigation
Writ petition seeking mandamus for appointment to post of reader
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to appoint him as a reader
Filing Reason
Petitioner claimed legal right to be appointed as reader in Tilak Maharashtra Vidyapeeth
Issues
Whether the petitioner has a legal right to be appointed to the post of a reader
Whether a writ of mandamus can be issued to the respondents directing them to appoint the petitioner to the post of a reader
Submissions/Arguments
Petitioner argued he had a legal right to be appointed as reader
Respondents contended that the selection committee did not recommend the petitioner
Ratio Decidendi
A writ of mandamus cannot be issued to compel an appointment unless the petitioner has a legal right to the post. Since the selection committee did not recommend the petitioner, he has no legal right to be appointed as a reader.
Judgment Excerpts
The point that arises for consideration in these two petitions is whether the petitioner has a legal right to be appointed to the post of a reader and whether a writ of mandamus can be issued to the respondents directing them to appoint the petitioner to the post of a reader ?
