Court No. - 34
Case :- WRIT - A No. - 13294 of 2018 Petitioner :- Arvind Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish,Virendra Kumar Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri Virendra Kumar, learned counsel for petitioner and learned Standing Counsel for respondents.
2. Petitioner is seeking a writ of mandamus commanding respondents to declare waiting list of Combined Lower Subordinate Services General Recruitment/ Special Recruitment Examination- 2013 but despite repeated query, learned counsel for petitioner, could not show any provision under which either preparation of waiting list is mandatory, necessary and obligatory or declaration of waiting list is obligatory on the part of respondents. In absence of any such right to petitioner, we do not find that a writ of mandamus would lie. A writ of mandamus would not lie unless the petitioner has a statutory right and corresponding statutory obligation upon respondents. In Oriental Bank of Commerce Vs. Sunder Lal Jain and another, (2008) 2 SCC 280 the Apex court after referring to its earlier judgements in Bihar Eastern Gangetic fishermen Cooperative Society Ltd. Vs. Sipahi Singh, (1977) 4 SCC 145; Lekhraj Sathramdas Lalwani Vs. N.M. Shah, AIR 1966 SC 334 and Dr. Uma Kant Saran Vs. State of Bihar, 1973 (1) SCC 485, observed as under:
"There is abundant authority in favour of the proposition that a writ of mandamus can be granted only in a case where there is a statutory duty imposed upon the officer concerned and there is a failure on the part of that officer to discharge the statutory obligation. The chief function of a writ is to compel performance of public duties prescribed by statute and to keep subordinate Tribunals and officer exercising public functions within the limit of their jurisdiction. It follows, therefore, that in order that mandamus may issue to compel the authorities to do something, it must be shown that there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance "
3. The writ petition lacks merit. Dismissed.
Order Date :- 30.5.2018 AK