The High Court held that service controversies cannot be entertained as PIL without a quo warranto challenge or proper parties. The petition was disposed of with liberty to file a fresh one in proper format.
Disposed with liberty to file fresh petition in proper format with proper reliefs making necessary parties as respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 160 OF 2015
| Shri Dr.Subhanji S. Dhane. V/s. |
... | Petitioner. |
|---|---|---|
| State of Maharashtra and others. | ... | Respondents. |
Favzan Shaikh i/b. V.M.Thorat for the petitioner. A.B.Vagyani, Govt.Pleader with M.M.Pable, AGP for the State.
CORAM : DR.MANJULA CHELLUR, C.J. AND G.S.KULKARNI , J. DATE : 12th January 2017.
P.C. :
On perusal of this petition we note that the challenge is to the appointment to the post of Vice Chancellor of the respondent university since there is violation of qualification criteria required for such post. Apparently, this petition is filed in the nature of public interest litigation. It is well settled that the service controversies cannot be entertained in public interest litigation unless a writ of quo warranto challenging the appointment for want of/ deficit of qualification is made out. Apparently, neither the candidate, who was ultimately appointed as Vice Chancellor of the
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respondent university, is made a party to the proceeding nor there is a prayer of writ of quo warranto .
(G.S.KULKARNI, J.) CHIEF JUSTICE
1 issue framed by the court
Whether a petition challenging the vice-chancellor appointment without quo warranto or defunct parties can be entertained as PIL.
Shri Dr.Subhanji S. Dhane
State of Maharashtra
DR.MANJULA CHELLUR
G.S.KULKARNI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
