Administrative lawQuo warrantoSupreme Court of India

University of Mysore v CD Govinda Rao

AIR 1965 Supreme Court 49119641 min read
The case in brief30-second read
Facts
Appointment of the Registrar of the University of Mysore was challenged. The appointee allegedly lacked the qualification required by the University Act. Quo warranto sought to examine whether statutory qualification requirements were satisfied.
Issue
Whether quo warranto lies to challenge the appointment of a statutory university officer on the ground of non-compliance with statutory qualifications?
Held
The Registrar of a statutory university holds a public office of a substantive character. Quo warranto lies. The court examines whether statutory qualification requirements were satisfied at appointment.
Principle
Quo warranto lies against the holder of a public office of substantive character created by statute; the appointment is examined for compliance with statutory requirements.
Cite this

Facts

  • Appointment of the Registrar of the University of Mysore was challenged
  • The appointee allegedly lacked the qualification required by the University Act
  • Quo warranto sought to examine whether statutory qualification requirements were satisfied

Issue

  1. Whether quo warranto lies to challenge the appointment of a statutory university officer on the ground of non-compliance with statutory qualifications?

Held

  • The Registrar of a statutory university holds a public office of a substantive character. Quo warranto lies. The court examines whether statutory qualification requirements were satisfied at appointment.

Ratio decidendi

Quo warranto jurisdiction requires a public office: substantive, created by or regulated under statute, carrying public duties. The court examines legality of occupation including statutory qualifications.

Exam use

How to use it in an answer

Primary Indian authority on the definition of public office for quo warranto in ADM-5.4. Establishes that statutory qualification requirements are judicially enforceable through quo warranto.

Cite this

Citation

University of Mysore v CD Govinda Rao AIR 1965 Supreme Court 491

Reported: AIR 1965 Supreme Court 491. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.