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2022 Supreme(J&K) 543
JAMMU AND KASHMIR HIGH COURT BENCH AT JAMMU
Javed Iqbal Wani, J.
Ashutosh Sharma – Appellant
Versus
Union Territory of Jammu And Kashmir & Ors. – Respondents
WP(C) No. 847 of 2022, CM No. 2544 of 2022
Decided On : 17-10-2022
Mr. Ajay Vaid, Advocate, for the Appellant; Mr. Amit Gupta, AAG Mr. K.D.S. Kotwal, Dy.AG, Ms. Anshuja Tak, Advocate, for the Respondent
Headnote:
Quo-Warranto - Jammu and Kashmir State Sports Council - Rule 6 of the Rules and Regulations - The court discussed the legal provisions of the Jammu and Kashmir Societies Registration Act, 1998, and the Rules and Regulations of the Council, particularly Rule 6, which outlines the qualifications for the post of Secretary. The court emphasized that the issuance of a writ of quo-warranto is limited to cases where there is a violation of a statutory rule or constitutional provision. The court found that the posting of the respondent no. 2 as Secretary did not violate any statutory rule or constitutional provision, and therefore, dismissed the petition.
Fact of the Case:
The petitioner sought the quashing of the posting of the respondent no. 2 as Secretary to the Jammu and Kashmir State Sports Council, alleging that the respondent did not meet the qualifications outlined in the Rules and Regulations of the Council.
Finding of the Court:
The court found that the petition was not maintainable as there was no violation of a statutory rule or constitutional provision in the posting of the respondent no. 2 as Secretary.
Issues: The main issue was the qualification of the respondent no. 2 for the post of Secretary to the Council, as per the Rules and Regulations.
Ratio Decidendi: The court held that the issuance of a writ of quo-warranto is limited to cases where there is a violation of a statutory rule or constitutional provision. As there was no such violation in this case, the petition was dismissed.
Final Decision: The petition was held not maintainable and dismissed.
JUDGMENT
1. The petitioner in the instant petition filed under Article 226 of the Constitution craves the indulgence of this Court for grant of the following reliefs: -
(a) Quo-Warranto with respect to Order No. 93- JK(GAD) of 2021 dated 30.01.2021 passed by the respondent no. 1 qua the respondent no. 2 and may kindly set aside the same with the respect to respondent no. 2 in the interest of justice.
(b) Any other writ, order or direction which this Hon'ble Court deems fit and proper and in the fact and circumstances of the case may please be issued in favour of the petitioner and against the respondents.
2. The factual matrix of the petition as propounded in the petition is that the Jammu and Kashmir State Sports Council (for short 'the Council') having its own Constitution incorporating therein Memorandum of Articles of Association and Rules and Regulations (for short 'the Articles and Rules respectively) besides other matters provide for the mode of filling up of the post of Secretary to the Council to be filled up by deputation from Govt., by an officer of the rank of Special Secretary. An information in regard to above is stated to have been obtained by one Mr. Gagan Kohli through RTI furnished by the Public Information officer/Administrative Officer of the Council vide information dated 04.08.2022.
3. The respondent no. 1 is stated to have issued Government order No. 93-JK (GAD) of 2021 dated 31.01.2021, posting, upon transfer the respondent no 2 herein as Secretary to the Council. The posting of the respondent no. 2 herein as Secretary to the Council is being alleged to be illegal owing to the reason that the respondent no 2 is not holding the post of Special Secretary as provided in Rules supra and thus, lacking qualification for holding the post of Secretary to the Council.
4. Objections to the petition have been filed by respondents.
5. In the objections filed by respondents 1 and 3 while opposing the petition it is averred that the petitioner has no locus standi to maintain the petition and that the Council is a Society registered under Jammu and Kashmir Societies Registration Act, 1998, being run and administered by its governing body and that in terms of the Rules supra, the Council does not bar the Govt from transferring and posting an officer other than a Special Secretary in the interest of administration, more so when the Recruitment Rules of the Council are not applicable to the Govt.
6. Respondent No. 2 in the objections filed to the petition while resisting the same has stated that petitioner has no legal, statutory or fundamental right to invoke the extraordinary writ jurisdiction of this Court. The order impugned in the petition is stated to have been thrown challenge to, by the petitioner after a considerable period of time of more than one year and is aimed at to pressurize the respondents to revoke the de-recognition of the petitioner's sports association, to which he has been affiliated to. The posting of a Secretary/ Joint Secretary on deputation/transfer by the Government to the Council of the rank of Special Secretary is stated to be neither eligibility condition nor a qualification to be possessed for holding the post of a Secretary to the Council. The seeking of writ of quo-warranto by the petitioner in the writ petition is being also resisted in the objections on the ground that there has been neither violation of any statutory Rule nor any of the provisions of the Constitution. It is being further averred that the petitioner has been a chronic litigant having filed number of baseless cases against the Council detailed out in para 8 of the objections with the sole aim to safeguard his vested interests being a self styled president of the J&K Olympic Association and is stated to have entered into vexatious litigations coupled with malafide intentions for creating hurdles into the working of the Council.
It is being lastly stated in the objection stated that the respondent no. 2 came to be posted as a Secr
