MANI SUBRAT JAIN ETC. versus STATE OF HARYANA AND ORS.

MANI SUBRAT JAIN ETC. versus STATE OF HARYANA AND ORS.

There must be a judicially enforceable right for mandamus. The Governor is not bound to accept High Court recommendations under Article 233, and appellants had no enforceable right to appointment.

Parties
Appellant: Mani Subrat Jain; Respondent No. 1: State of Haryana; Respondent No. 2: Chief Minister of Haryana; Respondent No. 3: High Court of Punjab and Haryana
Jurisdiction
India
Judgment Date
09 December 1976
Procedural Posture
Civil Appeal (special Leave) / Appeal From Punjab & Haryana High Court Judgment in Civil Writ Petitions Nos. 1228 & 1229 of 1975
Outcome
Appeals dismissed.
Legal Topics
Writ of Mandamus, Direct Recruitment of District Judges, Consultation Under Article 233
Constitutional Law Administrative Law Writ of Mandamus Direct Recruitment of District Judges Consultation Under Article 233

Case Brief

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Parties

Mani Subrat Jain

Appellant

State of Haryana

Respondent No. 1

Chief Minister of Haryana

Respondent No. 2

High Court of Punjab and Haryana

Respondent No. 3

Procedural Posture

Civil Appeal (special Leave) / Appeal From Punjab & Haryana High Court Judgment in Civil Writ Petitions Nos. 1228 & 1229 of 1975

Legal Issues

  1. 1 Whether writ of mandamus can be issued for appointment to posts of District Judge under Article 233
  2. 2 Whether the Governor is bound to accept High Court recommendations for appointment of District Judges

Ratio Decidendi

There must be a judicially enforceable right for mandamus. The Governor is not bound to accept High Court recommendations under Article 233, and appellants had no enforceable right to appointment.

Court Disposition

Appeals dismissed.

Orders

  • No order as to costs.