Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | a Service law: Appointment - Appointment of respondent No. 3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Appointment - Appointment of respondent No. 3, a monk as Principal of Missionary College - Challenged by appellants-teachers in the College - On the ground that respondent no.3 was junior to them and did not possess the requisite qualifications - Writ Petition allowed by the Single Judge of the High Court - However, dismissed by the Division Bench of the High Court - On appeal held: Litigation in the instant case does not survive as the appellants have retired - Even if the writ petition is allowed and the appointment of respondent No. 3 is declared null and void, none of the appellants could be appointed on the post of Principal - By the retirement of all the appellants the issues raised have been rendered academic - More so, no interim relief was granted by the High Court or Supreme Court restraining respondent No. 3 from performing the functions of a Principal - By now respondent No. 3 has acquired the requisite experience for the post of principal - Instant dispute is a pure and simple service dispute - Merely because the writ petitioners are senior most teachers in the same institution, would not necessarily give rise to the presumption, that they G had filed the writ petition in public interest - Also, the submission that the writ petition can be treated as a writ in the nature of a quo warranto cannot be accepted - Appellants did not claim a writ of quo warranto either before the Single Judge or before the Division Bench of the High Court - The said submission was made as a weapon of last resort - Constitution of India, 1950 - Article 226. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 309 |
Petitioner | Bholanath Mukherjee & Ors. |
Respondent | R.k. Mission V. Centenary College & Ors. |
SCR | [2011] 5 S.C.R. 416 |
Judgement Date | 2011-04-18 |
Case Number | 2457 |
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