Need clarification second writ petition maintainable or not

This query is : Resolved 
 


Querist : Anonymous (Querist)
14 July 2019

I filed first writ Petition in 2016 as
prayed that this Hon’ble Court may be pleased to issue a writ of QUO-WARRANTO or any other WRITS, ORDERS or DIRECTIONS in the nature of writ of QUO-WARRANTO questioning under what authority the respondent holding the post of Principal as incharge basis in College name in view of lack of required educational qualifications.

First writ petition was disposed directing the government to dispose of my representation on merits. Government passed order without deciding on merits but stating the Respondent already removed from post, so representation become infructous (but still he continues in same post)

Again I Second writ Petition filed in 2017 as
prayed that this Hon’ble Court may be pleased to issue a writ of QUO-WARRANTO or any other WRIT, ORDER or DIRECTION in the nature of writ of QUO-WARRANTO questioning under what authority the Respondent is holding the post of Professor in college name Puducherry, and officiating as Principal-in-Charge in College name, in view of lack of required qualifications.
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Please clarify the above Whether Second writ petition maintainable or not???? because court dismissed petition on ground of resjudicata.
(No action taken by government on my representation as directed in first writ hence added same pray in second petition also.)


Dr J C Vashista (Expert)
15 July 2019

Maintainability of any (first, second or subsequent) writ is not inter-linked/ inter-related. Both are independent of each other.
What is the opinion of your lawyer, if engaged?
Seek advise/ guidance of a local prudent lawyer for better appreciation of facts and proceeding.

R.K Nanda (Expert)
Click to Talk
15 July 2019

in my view court order is right.


Querist : Anonymous (Querist)
16 July 2019

can you please justify how res judicata apply??? if both, court not decided on merits in first writ petition and government also not disposed my representation on merits but furnished false information that person already removed the post so representation become infructous

Isaac Gabriel (Expert)
26 July 2019

Writ will lie if the indivdual is holding substantive post. The rules are not so stringent to post in charge personnel with fully qualified for the post.

Sudhir Kumar (Expert)
15 August 2019

what exactly is the case?



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