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HIRANMAY BHATTACHARYYA
RCCIIT Staff Association – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. WPA 547 of 2020 (hereinafter referred to as “WP-1”) has been filed by a Staff Association praying for issuance of a writ of quo warranto directing the private respondent namely Sandip Saha to vacate the post of Deputy Registrar at RCC institute of Information Technology (hereinafter referred to as “the Institute”).
2. WPA 4925 of 2021 (hereinafter referred to as “WP-2”) has been filed praying for issuance of a writ of mandamus commanding the respondents to initiate a fresh selection process for the post of Registrar at the Institute after cancelling the impugned advertisements for the said post.
3. The petitioner in WP-2, while working as an Assistant Professor of an Engineering College submitted an application seeking appointment to the post of Registrar at the said Institute pursuant to an advertisement published in the website of the Institute. The petitioner received a call letter for appearing in the interview for the post of Registrar. Petitioner claims to have learnt that the selection/ interview would be an eye wash and the entire exercise was intended to give appointment to Sandip Saha, the private respondent, who, according to the peti
The office of Deputy Registrar of RCC Institute of Information Technology is not a public office and therefore, a writ of quo warranto cannot be issued to remove the private respondent from the post ....
Writ jurisdiction does not extend to private institutions unless they perform public functions; employment disputes in such institutions are governed by private contracts.
The principles of res judicata apply to public interest litigation, and a second writ petition challenging the same appointment on similar grounds is not maintainable.
The main legal point established in the judgment is that for a writ petition to be maintainable under Article 226 of the Constitution of India, the decision under challenge must involve a public elem....
The court ruled that the appointment of the Registrar was valid as it followed the proper selection process, and the petitioner lacked locus standi and delayed in filing the writ petition.
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