BALAKRUSHNA BEHERA AND ANR. versus SATYPRAKASH DASH

BALAKRUSHNA BEHERA AND ANR. versus SATYPRAKASH DASH

A person selected for a post does not have an indefeasible right to appointment if the post is abolished or government approval is not granted; the High Court cannot direct appointment by mandamus to a non-existent post, so no contempt lies for non-appointment.

Parties
Appellant: Balakrushna Behera; Respondent: Satya Prakash Dash
Jurisdiction
India
Judgment Date
22 October 2007
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Order in Contempt Proceedings
Outcome
Appeal allowed; contempt proceedings set aside; notice of contempt discharged.
Legal Topics
Contempt of Court, Appointment of University Lecturers, Mandamus, Abolition of Posts
Constitutional Law Education Law Contempt of Court Appointment of University Lecturers Mandamus Abolition of Posts

Case Brief

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Parties

Balakrushna Behera

Appellant

Satya Prakash Dash

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Order in Contempt Proceedings

Legal Issues

  1. 1 Whether the High Court could direct the initiation of contempt proceedings for non-appointment after selection when the post was abolished
  2. 2 Whether a person selected for a post in a university has an indefeasible right to appointment absent government approval and continued existence of the post

Ratio Decidendi

A person selected for a post does not have an indefeasible right to appointment if the post is abolished or government approval is not granted; the High Court cannot direct appointment by mandamus to a non-existent post, so no contempt lies for non-appointment.

Court Disposition

Appeal allowed; contempt proceedings set aside; notice of contempt discharged.

Orders

  • Orders of High Court dated 24.1.2006 and 27.1.2006 set aside
  • Notice of contempt discharged