Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contempt of Court:Selection of Lecturer in University - On a writ petition filed by a candidate, High Court directing the University to complete the selection process - Accordingly result declared, but selected candidate not given appointment - Contempt petition - Notice issued by High Court to Registrar and Vice-Chancellor of University - Plea that appointment was to be approved by Government - Meanwhile State Government abolished the post - High Court in contempt Proceedings directing Registrar and Vice-Chancellor to be present personally in Court on given date - HELD : Court cannot direct the State Government in a writ of mandamus to appoint a person against a post which has been abolished - In view of second proviso to Statute 4(1) of Statutes of University, since no appointment could be made without prior approval of State Government and the post having been abolished, even after selection, candidate cannot claim a right to the post, nor is there any contempt of Court - Thus, no contempt is made out against the noticees - Orders of High Court set aside - Notice of contempt discharged - Constitution of India - Article 226. |
Judge | N/A |
Neutral Citation | 2007 INSC 1095 |
Petitioner | Balakrushna Behera And Anr. |
Respondent | Satyprakash Dash |
SCR | [2007] 11 S.C.R. 605 |
Judgement Date | 2007-10-22 |
Case Number | 4179 |
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