ST ATE OF BIHAR AND ORS. versus AMRENDRA KUMAR MISHRA

ST ATE OF BIHAR AND ORS. versus AMRENDRA KUMAR MISHRA

In absence of any legal right, and the expiry of the selection panel, appointment cannot be granted by court order; writ of mandamus cannot be issued merely on grounds of sympathy or delay in receipt of appointment letter.

Parties
Appellant: State of Bihar and Ors.; Respondent: Amrendra Kumar Mishra
Jurisdiction
India
Judgment Date
26 September 2006
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal allowed. High Court judgment set aside.
Legal Topics
Appointment, Select Panel, Writ of Mandamus, Sympathy in Appointment, Statutory Presumption, Panel Expiry
Service Law Appointment Select Panel Writ of Mandamus Sympathy in Appointment Statutory Presumption Panel Expiry

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Parties

State of Bihar and Ors.

Appellant

Amrendra Kumar Mishra

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a candidate can claim appointment after the expiry of the selection panel merely on grounds of non-receipt of appointment letter
  2. 2 Whether writ of mandamus can be issued to allow appointment in absence of legal right

Ratio Decidendi

In absence of any legal right, and the expiry of the selection panel, appointment cannot be granted by court order; writ of mandamus cannot be issued merely on grounds of sympathy or delay in receipt of appointment letter.

Court Disposition

Appeal allowed. High Court judgment set aside.

Orders

  • No recovery shall be made for the period respondent has actually worked.
  • No costs.