The judgment establishes the importance of genuine public interest in public interest litigation and clarifies the circumstances under which a writ of quo warranto would lie.

Sanjay Yadav, J.

Petitioner claiming himself to be an RTI activist, pro bono, has filed this writ petition.

2. In paragraph No. 2 (3) of the petition, it is declared by the petitioner that the petition is filed on his own and not at the instance of someone else. It is declared that the litigation cost, including the advocate's fee and travel expenses of the lawyers are being borne by the petitioner himself. Those declarations as evident is under the heading 'Antecedents'. Rule 14 (2) under Chapter 13 requires that in a Regular Public Interest Litigation, a writ petition shall disclose “source of petitioner's finances for meeting the expenditure of the PIL”. On being quarried at the outset as to whether besides being RTI/Social activist, whether the petitioner has any other vocation to follow, to earn a livelihood and to meet out the expenses, learned counsel for the petitioner evades the answer, which creates a doubt as to bonafides of the petitioner being a self sponsored public spirited person to fight the cause for the public at large.

3. Be that as it may. The petitioner questions the absorption of respondent No.6 on the post of Registrar, Medicine in G.R. Medical College, Gwalior which is by order dated 24/07/2008. It is urged that the same is contrary to the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 1987 and Swashasi Chikitsa Mahavidyalaya Ke Samvardhan Evam Samviliyan Sambandhi Niyam 1998 (referred as “Niyam 1998”). It is urged that in both the Rules, there is no provision for absorption of Assistant Surgeon of Public Health and Family Welfare Department as Registrar in Medical College.

4. The order whereby respondent No.6 was absorbed in the Gajraraja Medical College, Gwalior which is in the name of Governor, State of Madhya Pradesh speaks thus:

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5. It is pertinent to note, and the documents on record also reveal that the respondent No.6 is on deputation in said college since 2003.

6. The petitioner has referred to the Rules of 1987 which as per Rule 3 is applicable to every member of Madhya Pradesh Medical Education (Gazetted) Service. Rule 6 whereof makes provision for methods of recruitment which are :

(a) By direct recruitment by selection-competitive examination;

(b) By promotion of the member of the service;

(c) By transfer of persons who hold in a substantive capacity such posts in such services, as may be specified in this behalf.

7. Sub Rule (4) of Rule 6 stipulates that :

“(4) Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government, the exigencies of the service so require the Government may with prior concurrence of the Department personal Administration Reform & Training adopt such method of recruitment to the service other than those specified in said sub-rule, for such post as it may, by order issued in this behalf, prescribe.”

8. These Rules besides providing recruitment by transfer, also empower the Government (which as per Rule 2 (a) is the “Appointing Authority”) if the exigency of the service so require to adopt such method of recruitment to the service other than those specified in sub-rule (1) by order issued in that behalf.

9. Even Rule 20 (5) of Swashasi Chikitsa Mahavidyalaya ke Samvardhan Evam Samvihan Sambandh Niyam (Chikitsa, Dant, Nursing Mahavidalya Tatha Mansik Arogya Shala ke Liye) 1998, which the