Writ petition not maintainable against Sri Rama Janma Bhoomi Theertha Kshethra : Karnataka High Court

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Synopsis

It was held in a plea, filed by a retired engineer,  asking the court to issue directions to appoint him as Chief Engineer of the Trust on honorarium basis.

Justice G Pandit of Karnataka High Court  has held that writ petitions are not maintainable against Sri Ram Janmabhoomi Teerth Kshetra.

The court, reasoned that since Theertha Kshethra is a Trust, set up for the construction of Ram temple in Ayodhya, it is not a 'State' under Article 12 of the Constitution 

The above was held in a plea filed by a retired engineer asking the court to  issue directions to appoint him as Chief Engineer of the Trust on honorarium basis.  It was the engineer’s contention that he had made several representations to authorities asking to be appointed, however, they were rejected.

On behalf of the central government, it was argued that the engineer does not have the  right to seek appointment at the Ram Janmabhoomi Trust by filing a writ petition. It was argued that the Trust is not covered in the definition of 'State' under Article 12 of the Constitution of India.

Court, on hearing the submissions, held that for a writ seeking issuance of mandamus, the petitioner has to establish his legal right and corresponding legal duty on the authority to consider the request. Court dismissed the plea noting that the petitioner has no right, and the Central government has no duty to consider his request, therefore, no relief could be granted in this writ petition.

Case title: Dr.S.P.Raghunath Vs Union of India