Supreme Court of India · 1976-12-09
MANI SUBRAT JAIN ETC. vs STATE OF HARYANA AND ORS.
- Citation / case number
- SC 1976/61037
- Court
- Supreme Court of India
- Petitioner
- MANI SUBRAT JAIN ETC.
- Respondent
- STATE OF HARYANA AND ORS.
- Author
- A.N. () RAY
- Bench
- A.N. (CJ) RAY
Judgment text excerpt
The Supreme Court held that for a writ of mandamus to be issued, there must be a judicially enforceable right and a legally protected right, as established in Article 233 of the Constitution of India. The Court clarified that the Governor is not bound to accept the High Court's recommendations for the appointment of District Judges, as the initial appointment lies within the exclusive jurisdiction of the Government after consultation with the High Court. The appeals were dismissed, affirming the High Court's decision that the appellants lacked locus standi to seek mandamus for their appointment.