Quo warranto in pil - clarfication regarding

This query is : Resolved 
 

(Querist)
29 March 2018

Sir,
I filed writ of quo warranto in PIL question the person wrongly continuing in public post without required educational qualification when it came up for admission on 21.06.2016, Government pleader mislead false information before judge that person already removed from post.So advocate withdrawn the petition as dismissed without my knowledge.

Apex Court Rule of Quo Warranto: 1. PIL is maitainable in Service Matters for Quo warranto 2. The rule of locus standi not applicable for Quo warranto. I am not aggrieved person for the post so only the quo warranto was filed.

Now I wish to file new petition writ of mandamus to consider my representation and dispose of because same person still continuing the same post. without required educational qualification.

Please clarify my doubt below
1. Whether new writ petition mandamus is barred by res judicata or not?
2. Whether new writ petition mandamus is barred by locus standi or not?


Ms.Usha Kapoor (Expert)
30 March 2018

NO!Earlier case was not decided on merits. Hence it is not barred by Resjudicata,.
NO! It Is PIL. Any one filing a PIL has locus standi as public interest is the main thing or cause and Public interest served.

P. Venu (Expert)
30 March 2018

If the Court was misled and the case was dismissed as , a better course would be to move a Miscellaneous Petition highlighting this aspect and praying the matter to be restored and decided on merits.

rajeev sharma (Expert)
30 March 2018

Whether your counsel stated in the court that the writ was being withdrawn in the light of the statement made by government made before the court and this fact was recorded by the court in its order , if it is the case then you file a miscellaneous application pray for restoration of the case and action against the government for misleading the court.

Sudhir Kumar (Expert)
30 March 2018

agreed with Mr Venu.

Dr J C Vashista (Expert)
31 March 2018

I am unable to follow you, since PIL and quo warranto are two different legal connotations. Agreed PIL is maintainable when you are not an interested person, however, how the writ of quo warranto is maintainable and what are the facts of the petition?
Could you please send me soft copy at my email: majjagdish@yahoo.com

rajeev sharma (Expert)
31 March 2018

PIL is a term coined by the constitutional courts. The Indian constitution nowhere defines PIL . A PIL has to be a writ within the forecourts of the writs defined in the constitution . So PIL may be filed in the shape of quo warranto. Whether the writ is maintainable or not depends on the facts and law.

bukki (Querist)
31 March 2018

Yes, PIL filed in the shape of Writ of Quo Warranto because apex court law states "Except quo warranto PIL not matinable in Service Matters and quo warranto the locus standi also relaxed." But earlier petition got dismissed as withdrawn because of mislead of Government ( same not recorded in court ). I cant initiate Quo Warranto again under 226 article since it barred by resjudicata.

As stated above by Mr.P.Venu Sir Misc.Petition can be file in form of review application. But I wish file Writ of Madamus to dispose of my representation, the earlier writ petition dismissed only mislead of Government pleader.

Here I need clarification 1. whether PIL is matainable in service matters for writ of mandamus and 2. whether Locus standi applicable in Service matters for writ of mandamus . please suggest if any alternative remedy available.


Ms.Usha Kapoor (Expert)
08 April 2018

YES! YOUR NEW WRIT OF mandamus Is NOT BARRED BY RESJUDICATA AS THE GOVT 0PLEADER MISLED THE JUDGE AND GOT DISMISSAL ORDER STATING THAT YOU ALREADY WITHDREW YOUR CASE.JUDGE DISMISSED THE CASE AS WITHDRAWN.
since YOU ARE FILING THE NEW WRIT OF MANDAMUS AS A PARTY T0 THE PROCEEDINGS LOCUS STANDI RULE IS NOT APPLICABLE.



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