RAKA DOGRA Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking promotion to the post of Lecturer in Art Education. According to the petitioner, she possesses all the qualifications which are required to be there, for being appointed by way of promotion as Lecturer. Reference in this regard is being made to Annexures "P/5, "P/6" and "P/7".

(2.) It be seen that no person junior to the petitioner has been promoted so far. The question as to whether a Mandamus can be issued to the State to fill a vacancy, be examined.

(3.) I am of the opinion, that the question as to whether a post is to be filled or not, is purely an administrative matter. There may be various circumstances which may weigh with the State Government in the matter of filling a vacancy. Therefore, strictly speaking, a writ of Mandamus cannot be issued with a view to direct the respondent-authorities to fill the vacancy. If above be the situation, no right of the petitioner would stand violated. Right would stand violated only if some junior person is appointed and the petitioner is not considered, when such an appointment is made. The above situation has not occurred in the present case.