PIL Not Maintainable In Service Matters: High Court Dismisses Challenge To Appointment Of Special Officer To State Nursing Education Regulation Authority

The petitioner, claiming herself to be a nominated member of Karnataka Nursing Council and to be working for upliftment and welfare of education of nurses and paramedics, had sought a writ of certiorari for quashing the order dated August 9, 2016.

At the outset, a division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty noted that she has been arrested in the month of April 2022 and is the main accused in connection with offences pertaining recruitment of Police sub inspectors.

It further noted that the Petitioner had sought a writ of certiorari which is not maintainable in "service matters".

Reliance was placed on Supreme Court's judgement in Hari Bansh Lal v. Sahodar Prasad Mahton & Ors., wherein it was held that public interest litigations are not maintainable in service matters. However, the same is maintainable when the prayer is for issuance of a writ of Quo-warranto

The bench held,

"In the instant writ petition the petitioner has not sought for writ quo-warranto. Therefore, in view of the aforesaid enunciation of law laid down by the Supreme Court, the writ petition filed by the petitioner cannot be entertained and the same is accordingly dismissed."

Case Title: DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA

Case No: WP 12388/2020

Citation: 2022 LiveLaw (Kar) 299

Date of Order: August 2, 2022