Supreme Court of India · 1971-02-16
GANESH PRASAD DUBE vs STATE OF BIHAR AND OTHERS
- Citation / case number
- SC 1969/60059
- Court
- Supreme Court of India
- Petitioner
- GANESH PRASAD DUBE
- Respondent
- STATE OF BIHAR AND OTHERS
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the appellant's writ petition under Article 226 was justified as the appellant's appointment as Director of Public Instruction was temporary and contingent upon the Public Service Commission's concurrence, which was not obtained. The Court found no prima facie case of mala fides against the government or the Commission. Consequently, the appeal was remitted for fresh consideration regarding the High Court's certificate under Article 133(1)(b).