Mageswaran v. University Grants Commission and Others – sllr 2003 volume 2 page 282

In the case between Professor Mageswaran (petitioner, seeking entitlement to her late husband’s Provident Fund contributions) and the University Grants Commission and Others (including the University of Jaffna as the 1st respondent), the court addressed whether a private communication qualified as a valid nomination under section 93(2A)(a) of the Universities (Amendment) Act, No. 1 of 1995 and, by extension, whether the statutory duty to pay arose. It was held that the alleged nomination did not satisfy statutory requirements, reaffirming that the existence of a formal, valid nomination is a condition precedent to the exercise of jurisdiction to issue mandamus. The principle that a writ of mandamus is only available where a clear statutory duty exists was emphasized, referencing the statut

REF: sllr 2003 volume 2 page 282 Category: Tag:
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