The Writ of Quo Warranto II

Posted on by Rudrajyoti Nath Ray

When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A person claiming a Writ of Quo Warranto has to satisfy, office in question is a public office and is held by a usurper without legal authority.

It is nobody’s case, holding post of a Vice Chancellor cannot be said to be holding a post of public office. It is correct to say, a Vice ­Chancellor is the king­pin of a University’s system and a keeper of the University’s conscience.

Shirish Kulkarni being appointed as a Vice Chancellor of Sardar Patel University is contrary to University Grants Commission Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education, 2018.

– Hon’ble Justice M.R. Shah, Gambhirdan K. Gadhvi v. State of Gujarat, [Writ Petition (Civil) No. 1525 of 2019].

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