- (1.) Heard learned counsel for the petitioner and perused the record.
(2.) The only relief sought in this writ petition is that respondents be directed to appoint petitioner on the post of Prerak of Primary School Nikrojpur, Post Kathar, District District Ghazipur.
(3.) Learned counsel for the petitioner admitted that no person lower in merit to petitioner in the select list has been appointed nor could show any statutory provision under which respondents are under statutory obligation to make appointment of all selected candidates within a particular time. The Apex Court in Shankarsan Das Vs. Union of India, 1991 AIR(SC) 1612has held that even a select candidate has no indefeasible right of appointment and in absence of any such statutory right a writ of mandamus directing the employer to appoint someone cannot be granted. 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 280the 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, 1966 AIR(SC) 334and 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";