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TMI Blog1976 (12) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... asked for a mandamus directing Respondents No. 1 and 2 to appoint the appellants to the posts of Additional District and Sessions Judge. The appellants also asked for a mandamus or an appropriate writ quashing the orders of Respondents No. 1 and 2 whereby the High Court was informed that the Government was not prepared to appoint the appellants to the post of Additional District and Sessions Judge. Respondent No. 1 is the State of Haryana. Respondent No. 2 is the Chief Minister of Haryana. Respondent No. 3 is the High Court of Punjab and Haryana. The High Court dismissed the petitions on the ground that the appellants had no locus standi to file the petitions. The reason given by the High Court is that the appellants were not appointed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right by some one who has a legal duty to do something or to abstain from doing something (See Halsbury's Laws of England 4th Ed. Vol. I, paragraph 122; State of Haryana v. Subash Chander Marwaha Ors.( [1974] 1 S.C.R. 165) Jasbhai Motibhai Desai v. Roshan Kumar Haji Bashir Ahmed Ors. ([19761 3 S.C.R. 58) and Ferris Extraordinary Legal Remedies paragraph 198. The initial appointment of District Judges under Article 233 is within the exclusive jurisdiction of the Government after consultation with the High Court. The Governor is not bound to act on the advice of the High Court. The High Court recommends the names of persons for appointment. If th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is given by the High Court. Article 233 requires that the Governor should obtain from the High Court its views on the merits and demerits of persons, selected for promotion and direct recruitment. In regard to persons who are appointed by promotion or direct recruitment this Court has held that it is not open to the Government to choose a candidate for appointment by direct recruitment or by promotion unless and until his name is recommended by the High Court. In Panduranga Rao's case (supra) there is an observation that the Government could tell the High Court its reasons for not accepting the recommendations of the High Court in regard to certain persons. The observation in Panduranga Rao's case (supra) was made in the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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