Ramesh Prasad Tyagi vs District Inspector of Schools and Others

B.M. Lal, J.—By this petition under Article 226 of the Constitution, the Petitioner seeks a writ in the nature of mandamus directing the District Inspector of Schools, Bulandshahr (Respondent No. 1) to extend the order attesting his signatures till regular selection is made by the U.P. Higher Education Services Commission.

The settled proposition of law while seeking a writ of mandamus, is that the petition for such relief must be preceded by a distinct demand for performance of the duty, in order to give the party an opportunity to consider whether he should comply or not, and such demand must be shown to have been met by a refusal, so that the court may be satisfied that the party com planed of is determined not to do what is demanded. See Saraswati Industrial Syndicate Ltd. and Others Vs. Union of India (UOI), . In other words there must be a demand prior to filing the petition in court.

In the instant case, no demand by way of any representation has been made, and therefore it is difficult to grant the prayer made in this petition. On this ground alone, this petition is liable to be dismissed.

The petition is accordingly dismissed.