Case Note & Summary
The petitioner, Smt. Mumtaz Yunus Mulani, filed a writ petition seeking a mandamus directing respondent Nos. 3 and 4 (Gramodyog Samiti and Head Master of Antarbharati Vidyalaya) to appoint her as a Class IV employee in the vocational school run by them, either in place of her deceased husband or on any other Class IV post. Her husband was appointed as a peon in the vocational school and died in service on 16th September 1996. The petitioner applied for compassionate employment, but received no favourable response. She also approached respondent No. 2 (Deputy Director of Vocational Education and Training), who called for remarks from respondent No. 3. The petitioner reiterated her request on 2nd January 1997. The court heard the parties and considered the submissions. The petitioner's counsel argued that the school was receiving grants from the government and was bound by government instructions regarding compassionate appointments. The respondents' counsel contended that the school was a private institution and not bound by any such instructions. The court held that the scheme of compassionate appointment is applicable only to government or public sector undertakings governed by statutory rules or government instructions. In the absence of any statutory rules or government instructions binding on the private institution, no writ of mandamus could be issued. The court dismissed the petition, noting that the petitioner had not placed any material to show that the school was bound by any such rules or instructions.
Headnote
A) Service Law - Compassionate Appointment - Applicability to Private Institutions - The petitioner sought compassionate appointment in a private vocational school after her husband's death. The court held that the scheme of compassionate appointment is applicable only to government or public sector undertakings governed by statutory rules or government instructions. In the absence of any such rules or instructions binding on the private institution, no writ of mandamus can be issued. (Paras 1-3)
Issue of Consideration
Whether a writ of mandamus can be issued to a private educational institution to appoint the petitioner on compassionate grounds in the absence of any statutory rules or government instructions governing such appointments.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Compassionate appointment
- Applicability to private institutions
- Writ of mandamus
- Government instructions
- Statutory rules
