Supreme Court of India · 1973-05-02
STATE OF HARYANA vs SUBASH CHANDER MARWAHA AND ORS.
- Citation / case number
- SC 1973/60335
- Court
- Supreme Court of India
- Petitioner
- STATE OF HARYANA
- Respondent
- SUBASH CHANDER MARWAHA AND ORS.
- Bench
- PALEKAR, D.G.
Judgment text excerpt
The Supreme Court held that the issuance of a mandamus requires proof of a legal duty imposed by statute, as established in Rai Shivendra Bahadur v. The Governing Body of the Nalanda College. The Court ruled that the advertisement of 15 vacancies did not confer an automatic right to appointment, and the State Government is not legally bound to fill all vacancies if it chooses to set a higher qualifying standard. The appeal was allowed, overturning the High Court's order mandating the appointment of the respondents.