Sri Ram Janma Bhumi Trust Not 'State' U/Art 12: Karnataka High Court Declines Plea By 71-Yr-Old Seeking Appointment As Chief Engineer

A single judge bench of Justice SG Pandit while rejecting the petition filed by Dr.S.P.Raghunath said,

"Sri Rama Janma Bhumi theertha Kshethra is not a State within the meaning of Article 12 of the Constitution of India, writ would not be maintainable. No writ could be issued for appointing petitioner as Chief Engineer at Sri Rama Janma Bhumi Theertha Kshethra."

The petitioner claimed that he is a retired Engineer in Chief from the respondents-Central Government. After his retirement, he was appointed on contract basis by the IIT for a period of two years for implementing projects including IIT at Dharwad.

Advocate HM Umesh argued that the petitioner has made representations in this regard but the same were rejected. Even his request through Grievance Redressal Web Portal was not considered properly and was rejected showing sub judice matter.

Assistant Solicitor General H.Shanthi Bhushan opposed the plea stating that a retired Engineer in Chief has no right to seek any appointment that too at Rama Janma Bhumi Trust. Moreover, Trust is not a State under Article 12 of Constitution of India.

Agreeing with the ASG, the bench observed,

"I am of the view that the petitioner has no right to seek any appointment as Chief Engineer. Moreover, petitioner's request is to appoint him as Chief Engineer for a period of three years at Sri Rama Janma Bhumi theertha Kshethra."

It added "For issuance of writ of mandamus one has to establish his legal right and corresponding legal duty on the authority to consider one's request. Since the petitioner has no right and respondent has no duty to consider petitioner's request, no relief could be granted in this writ petition."

Case Title: DR.S.P.RAGHUNATH v.  THE UNION OF INDIA

Case No: WRIT PETITION No.8644/2022

Citation: 2022 LiveLaw (Kar) 250

Date of Order: 1ST DAY OF JULY, 2022

Appearance: Advocate H.M.UMESH for petitioner; ASG Shanthi Bhushan H

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