HARGOVIND PANT versus DR. RAGHUKUL TILAK & ORS.

HARGOVIND PANT versus DR. RAGHUKUL TILAK & ORS.

The office of Governor of a State does not constitute 'employment under the Government of India'; the Governor is an independent constitutional authority, not an employee or servant of the Government, and is not subject to executive control; thus, Article 319(d) does not render Dr. Raghukul Tilak ineligible for appointment as Governor of Rajasthan.

Parties
Petitioner: Hargovind Pant; Respondent No.1: Dr. Raghukul Tilak
Jurisdiction
India
Judgment Date
04 May 1979
Procedural Posture
Special Leave Petition (civil) / Appeal From the Judgment and Order of the Rajasthan High Court Dismissing the Writ Petition
Outcome
Special Leave Petition dismissed; appointment as Governor upheld.
Legal Topics
Article 319(d) Scope, Employment Under Government of India, Governor Constitutional Office, Public Service Commission
Constitutional Law Article 319(d) Scope Employment Under Government of India Governor Constitutional Office Public Service Commission

Case Brief

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Parties

Hargovind Pant

Petitioner

Dr. Raghukul Tilak

Respondent No.1

Procedural Posture

Special Leave Petition (civil) / Appeal From the Judgment and Order of the Rajasthan High Court Dismissing the Writ Petition

Legal Issues

  1. 1 Whether the office of Governor is an 'employment under the Government of India' within the meaning of Article 319(d) of the Constitution.
  2. 2 Whether Dr. Raghukul Tilak was ineligible for appointment as Governor of Rajasthan as a former member of the Rajasthan State Public Service Commission.

Ratio Decidendi

The office of Governor of a State does not constitute 'employment under the Government of India'; the Governor is an independent constitutional authority, not an employee or servant of the Government, and is not subject to executive control; thus, Article 319(d) does not render Dr. Raghukul Tilak ineligible for appointment as Governor of Rajasthan.

Court Disposition

Special Leave Petition dismissed; appointment as Governor upheld.

Orders

  • Special Leave Petition rejected; order of Full Bench of Rajasthan High Court confirmed.