Case Note & Summary
The petitioner, Dyavappa, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing respondent nos.1 and 2 (Bangalore University) to consider his representations (Annexure-J and J1) and issue an order of appointment to the post of Assistant Professor in the Department of Architecture under the ST (Women) category. The petitioner contended that the University had invited applications for the post and he was eligible, but his representations were not considered. The respondents, represented by counsel, did not oppose the prayer for consideration. The Court, without expressing any opinion on the merits, directed the University to consider the petitioner's representations and pass appropriate orders within a period of three months from the date of receipt of the order. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - The petitioner sought a writ of mandamus to direct the respondent University to consider his representation for appointment as Assistant Professor under the ST (Women) category. The Court held that the University must consider the representation and pass appropriate orders in accordance with law, without expressing any opinion on the merits of the claim. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondent University to consider his representation for appointment to the post of Assistant Professor in the Department of Architecture under the ST (Women) category.
Final Decision
The writ petition is disposed of directing respondent nos.1 and 2 to consider the petitioner's representations at Annexure-J and J1 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of the order. No opinion expressed on the merits of the claim.
Law Points
- Mandamus
- Consideration of representation
- Appointment
- Reservation
- ST (Women) category
Case Details
2022 LawText (KAR) (07) 20
Writ Petition No.6426 of 2021 (S-RES)
A.G. Shivanna (Senior Advocate) for Rahamathulla Kothwal (Advocate) for Petitioner; T.P. Rajendra Kumar Sungay for R1 & R2; M.C. Nagashree (AGA) for R3 to R5
Bangalore University, The State of Karnataka
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Nature of Litigation
Writ petition seeking mandamus for consideration of representation for appointment.
Remedy Sought
Direction to respondent nos.1 and 2 to consider the petitioner's representations and issue order of appointment to the post of Assistant Professor, Department of Architecture, Bangalore University under ST (Women) category.
Filing Reason
Non-consideration of petitioner's representations for appointment.
Issues
Whether the petitioner is entitled to a writ of mandamus directing the respondent University to consider his representation for appointment to the post of Assistant Professor under the ST (Women) category.
Submissions/Arguments
Petitioner submitted that the University had invited applications and he was eligible, but his representations were not considered.
Respondents did not oppose the prayer for consideration.
Ratio Decidendi
A writ of mandamus can be issued to direct a public authority to consider a representation in accordance with law, without adjudicating on the merits of the claim.
Judgment Excerpts
The petitioner has sought for issuance of writ in the nature of mandamus directing respondent nos.1 and 2 to consider the representation at Annexure-'J' and 'J1' and direct respondent nos.1 and 2 to issue an order of appointment to the post of Assistant Professor, Department of Architecture in Bangalore University as regards the vacant post under the category ST (Women).
Accordingly, the writ petition is disposed off directing respondent nos.1 and 2 to consider the representations at Annexure-'J' and 'J1' and pass appropriate orders in accordance with law within a period of three months from the date of receipt of the order.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a mandamus. The petition came up for orders and was disposed of on 20 July 2022.
Acts & Sections
- Constitution of India: Articles 226, 227
