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Karnataka High Court dismisses PIL for quashing of appointment of private respondent

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The Karnataka High Court has dismissed a Public Interest Litigation (PIL) seeking the quashing of the order of appointment of a private respondent dated 09.08.2016 to the post of Special Officer of Karnataka Nursing and Paramedical Sciences (Education) Regulation Authority as well as orders of appointment dated 12.02.2019 and 13.01.2020.

The PIL filed by one Divya Rajesh Hagarag claims to be nominated member of Karnataka Nursing Council and claims to be associated for upliftment and welfare of education of nurses and paramedics.

While considering the PIL, the Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty noted the petitioner has been arrested in April 2022 and is the main accused in connection with the offence registered pertaining to recruitment of Police Sub-Inspectors.

Besides this, the Supreme Court in ‘HARI BANSH LAL Vs. SAHODAR PRASAD MAHTO’ (2010) 9 SCC 655 has
held as follows:

“34. From the discussion and analysis, the following principles emerge:

(a) Except for a writ of quo warranto, PIL is not maintainable in service matters.

(b) For issuance of a writ of quo warranto, the High Court has to satisfy that the appointment is contrary to the statutory rules.

(c) Suitability or otherwise of a candidate for appointment to a post in government service is the function of the appointing authority and not of the court unless the appointment is contrary to statutory provisions/rules.”

In the instant PIL, the petitioner has not sought a writ of quo warranto and therefore, in view of the aforesaid enunciation of law by the Supreme Court, the petition filed by the petitioner cannot be entertained. Accordingly, the petition is dismissed by the High Court.

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