Supreme Court Says State Must Be Impleaded Before Public Exchequer Is Made Liable

The Supreme Court held that financial liability cannot be imposed on a State government in writ proceedings unless the State itself is properly made a party.

Background and dispute

The Bombay High Court had directed financial consequences connected with a lecturer’s absorption at a private no-grant-in-aid college, although the State was not formally arrayed as a respondent.

Legal issue and court’s approach

Justices Dipankar Datta and Sheel Nagu distinguished a government department or official from the State as a juristic entity under Article 300. Proper impleadment gives the government an opportunity to contest substantive relief against public funds.

Order and practical consequence

The High Court’s direction fastening liability on the unimpleaded State was set aside.