ASHISH KUMAR Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) This writ petition is by a self-styled social activist seeking quashment of order dated 7-8-2012 (Annexure P-1), whereby respondent No. 2 has been appointed as Professor under Career Advancement Scheme, amendment order dated 9-8-2012 (Annexure P-2) passed by respondent No. 1-Jiwaji University, Gwalior, whereby date of promotion of respondent No. 2 is shown as 1-1-2009 and also the order of initial appointment of respondent No. 2 as Lecturer in Commerce stream and sought an enquiry by Judicial Officer against the University, who according to the petitioner has made illegal appointment of respondent No. 2. Upon perusal of the writ petition, it is found that petitioner is not in teaching profession either in any educational institution, college or any university much less Jiwaji University, Gwalior. Neither he possesses qualifications nor eligibility for appointment as Professor. As such, petitioner cannot be said to be an aggrieved person for the purpose of seeking the relief of quashment of aforesaid orders. On this premise only, petition deserves dismissal.

(2.) Even otherwise, even if this writ petition is treated as the one seeking writ of quo warranto against respondent No. 1, the entire petition does not reveal as to which provision of statutory rules has been violated in the matter of appointment of respondent No. 2 as Professor under the Career Advancement Scheme.

(3.) In the case of The University of Mysore and another v. C.D. Govinda Rao and another, 1965 AIR(SC) 491 Justice Gajendragadkar (as His Lordship then was) speaking for the Court has successfully laid down the nature and scope of writ of quo warranto. Relevant excerpt of Para 7 reads as under:--