SMTILA DEVI NSHROFF Vs. MANAGEMENT OF DESAI VALDHAND VASHRAM GUJARATHI SCHOOL

JUDGEMENT

(1.) The petitioner is a quondam employee of a private school called the Desai Valchand Vashram Gujarathi School, which is the respondent in this case. She was the Head Mistress of the middle school Section of that institution since September 1959 on a salary of Rs. 175/- a month. By a notice served on her on May 22, 1961, her services were retrenched. The petitioner complains that her retrenchment is opposed to the provisions of paragraph 25 (vi) of Chapter II of the Mysore Educational Grant-in-Aid Code, which was applicable to the school and that we should, therefore, issue a mandamus to the management 01 that school to reinstate the petitioner in her post.

(2.) Mr. Kotre appearing on behalf of the petitioner has pointed out to us that under Clause (vi) of paragraph 25 of that Code, if a member of the staff in the school had to be retrenched, one month's notice should be given to that member of the staff in addition to the payment of the salary for that period. It is urged that the petitioner was not given either one month's notice or the salary for a month specified in that clause. It has also been submitted that the retrenchment was not a bona fide retrenchment but was actuated by mala fides.

(3.) Now it is well settled law as pointed out by their Lordships of the Supreme Court in Sohan Lal v. Union of India, (S) AIR1957 SC 529 , 1957 (0 )BLJR566 , (1957 )35 MysLJ~ (NULL ), [1957 ]1 SCR738 , that a mandamus cannot issue to a private individual and that it could be issued only against a person who can be directed to do an act which appertains to his office and is in the nature of a public duty. It is an equally firm principle that an applicant for an order of mandamus must show that there resides in him a legal right to the performance of a legal duty by the party against whom the mandamus is sought. It is only in respect of a legal right that a mandamus will lie and that mandamus can be granted only to compel the performance of duties of a public nature. It Will not accordingly issue for a private purpose or for the enforcement of a mere private right.