Case Note & Summary
The case involved three writ petitions filed under Article 226 of the Constitution of India by petitioners seeking to challenge orders related to their applications for appointment as Pujaris in temples managed by the Hindu Religious and Charitable Endowments. The petitioners contended that their ancestors had served as Pujaris and that they had submitted applications for appointment, which were not forwarded by the third respondent to the second respondent, the competent authority. The respondents argued that the applications were based on succession, which is not permissible under Section 55(2) of the Hindu Religious and Charitable Endowments Act, as it prohibits appointment based on succession to the last holder's office. The court analyzed the submissions and found that the third respondent had acted beyond its jurisdiction by not forwarding the applications. The court concluded that the orders passed by both the third and first respondents were illegal and set them aside, directing the second respondent to consider the applications on their merits within eight weeks. The writ petitions were partly allowed with no costs.
Headnote
A) Administrative Law - Jurisdiction of Authority - Orders Passed Without Jurisdiction - Hindu Religious and Charitable Endowments Act, 1959, Section 55(2) - The third respondent failed to forward the petitioners' applications to the second respondent, which was the competent authority for appointment, thus rendering the orders passed by the third respondent and the first respondent illegal. Held that the orders were set aside and the second respondent was directed to consider the applications according to law (Paras 9-10).
Issue of Consideration
Whether the orders passed by the third respondent and the first respondent were without jurisdiction and illegal.
Final Decision
The court set aside the impugned orders passed by the third and first respondents, directing the second respondent to consider the petitioners' applications according to law within eight weeks.
Law Points
- Writ of Certiorarified Mandamus
- Article 226
- Hindu Religious and Charitable Endowments Act
- Section 55(2)
- Jurisdictional Authority
- Appointment Process
