K.M.JOSEPH, V.K.BIST
Meghpal Singh – Appellant
Versus
State of Uttarakhand – Respondent
K.M. Joseph, J.
1. Petitioners have approached this Court seeking a writ of quo warranto. The factual matrix, in which the question arises for consideration, briefly is as follows:-
Petitioners question in this quo warranto proceeding the appointment of 5th respondent as a District Government Counsel (Revenue). The grounds, which have been taken in the writ petition, pertain to the suitability of the 5th respondent to hold the post. In short, the case of the petitioners is that the appointment of the 5th respondent is premised on his having allegedly secured hundred per cent success, which is questioned. In fact, suitability also is beyond quo warranto. Apart from the fact that a writ of quo warranto can not be successfully premised on the questionability of the decision regarding suitability of the candidate concerned, there is an insuperable obstacle, in our view, in the path of the petitioners’ succeeding. A writ of quo warranto, it is settled law, will lie only if there is, in fact, a statutory violation in the matter of the appointment of the party respondent. See, in this regard, judgment of the Hon’ble Apex Court, reported in B. Srinivasa Reddy vs. Karnataka Urban Wa
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