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R. DEVDAS
Law Students Association – Appellant
Versus
State of Karnataka – Respondent
ORDER
R. Devdas J., (Oral). - When this matter came up for preliminary hearing on the last occasion, this Court was of the prima facie opinion that this writ petition seeking a writ of Quo-Warranto as against the 4th respondent-Vice Chancellor of the Karnataka State Law University, cannot be maintained in its present form and the same is required to be filed as public interest litigation. The Learned counsel for the petitioner and the learned AGA were directed to assist this Court in this regard,
2. Learned AGA submits that in many of the decisions of the Hon'ble Supreme Court, including the cases of HARI BANSH LAL Vs. SAHODAR PRASAD MAHTO AND OTHERS, (2010) 9 SCC 655: DX DURYODHAN SAHU AND OTHERS Vs. JITENDRA KUMAR MISHRA AND OTHERS, (1998) 7 SCC 273; GIRJESH SHRIVASTAVA AND OTHERS Vs. STATE OF MADHYA PRADESH AND OTHERS, (2010) 10 SCC 707: AND STATE OF PUNJAB VS. SALIL SABHLOK AND OTHERS, (2013) 5 SCC 1, it is held that the public interest litigations are not maintainable in service matters. However, the same is maintainable when the prayer is for issuance of a writ of Quo-warranto.
3. On going through the Memorandum of writ petition, it is clear that the petitioner is an association
The main legal point established in the judgment is that a writ petition seeking a writ of Quo-Warranto against a public official may need to be filed as public interest litigation if it does not inv....
The court established that service matters do not permit public interest litigation, leading to the withdrawal of the writ.
It is no doubt true that the strict rules of locus standi are relaxed to an extent in a quo warranto proceedings. Nonetheless an imposter coming before the Court invoking public law remedy at the han....
A retired employee cannot maintain a private interest in a case regarding university property, establishing criteria for Public Interest Litigation.
Public Interest Litigations cannot be entertained in service matters, except for writs of quo warranto, to prevent misuse of judicial resources.
Public interest litigations cannot be maintained in service matters unless the petitioner is an aggrieved party, as established by the Supreme Court.
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