Writ Petition seeking Writ of Quo Warranto in High Court under Article 226 of
Constitution to cancel illegal appointment order and remove person illegally
appointed.

Format of Writ Petition seeking Writ of Quo Warranto in the High Court under Article 226
of the Constitution. 
Download Format.

A petition seeking a writ of quo warranto questions the legal basis and
authority of a person appointed to public office. For instance, the appointment
of a member of a Railway Board not qualified to hold the post can be questioned
by a writ of quo Warranto and appointment nullified if found to be illegal.

A writ of declaration issues to declare an executive, legislative or quasi-
judicial act to be invalid in law. A petition seeking such declaratory relief
must also necessarily seek certain consequential relief. For instance, immediate
discontinuance of the illegal practice and appropriate remedial compensation.

Sample format of Writ of Quo Warranto to High Court is given below. This is
only body of the Writ Petition. Please include other details also:

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Mr. ____________ son of _________
Resident of _________                                                    
PETITIONER

VERSUS

1. _____________

___________ College

New Delhi
Through its Principal                                                     
        RESPONDENT NO. 1
 

2. The Chairman

University Grant Commission

New Delhi                                                                            
RESPONDENT NO. 2

 

3. Mr. _________________

Assistant Professor

___________ College                                                          
RESPONDENT NO. 3
New Delhi

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR
DIRECTION OR ORDER IN THE NATURE OF QUO WARRANTO TO THE RESPONDENTS AND REMOVE
RESPONDENT NO. 3 FROM THE POST OF ASSISTANT PROCESSOR.

To,
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.

The humble petition of the
Petitioner above named.

THE PETITIONER MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present writ petition under article 226
of the constitution of India Praying for direction or order in the nature of
Quo Warranto to the respondents and remove Respondent No. 3 from Assistant
Professor Post.

 

2. That, the Petitioner is a Law abiding Citizen of India and residing the
above address.

 

3. That the Petitioner has approached this Hon’ble Court seeking issuance of
a writ in nature of a Quo Warranto against Respondent No. 3, questioning his
appointment and for his consequent removal from the post of the Assistant
Professor.

 

4. That, on__________, the Respondent No. 3 has been appointed as Assistant
Professor with _____________ College. Copy of Appointment letter is attached
herewith and marked as Annexure P1.

5. That Respondent No. 3 has not qualified NET examination and not eligible
to appoint as Assistant Professor as per the UGC Regulations to appoint as
Assistant Professor. His appointment is in violation of Section ____ of UGC Act
and UGC Notification Dated ______. Copy of relevant sections of UGC Act and UGC
Notification dated _____ is attached herewith and marked as Annexure P2.

6. The Petitioner aggrieved by the impugned Appointment order of the Respondent
No. 1 has
approach this Hon’ble Court.

 

9. The Petitioner submits that the order dated ______by Respondent No. 1 is
in Violation of UGC Act and UGC Notification regarding qualification of teachers
to be appointed in colleges.
 

GROUNDS
8. That the present Writ Petition is being filed on the following, amongst
other, grounds without prejudice to each other;

A. Because the appointment order dated ______ is in violation of UGC Act.

B. Because Respondent No. 3 has not cleared National Education Test
examination, hence he is not eligible to be appointed as Assistant Professor in
a Government College under UGC.

C. Because UGC Notification dated____ clearly states that a Person qualified
NET examination only can be appointed as Assistant professor in a College.

D. Because the appointment is illegal and unsustainable in law as the
eligibility conditions are totally ignored / violated.

PRAYERS
In view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon’ble Court may be pleased to:-

a) Issue a Writ in the nature of Quo Warranto to the Respondents to remove
Respondent No. 3 from the Post of Assistant professor;

b) Any other relief, order or direction this court may deem fit and proper
under the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

(________________)
ADVOCATE FOR THE PETITIONER

DRAWN ON:
Drawn by:

New Delhi
Date:

 

DOCUMENTS TO BE ATTACHED WITH WRIT  PETITION OF QUO WARRANTO

1. Notice of motion

2. Urgent application

3. Court fee

4. Certificate

5. Synopsis & list of dates

6. Memo of parties

7. Annexure to the Petition including impugned appointment / other order and
relevant documents

8. Application for exemption from filing certified copies, dim and small font
annexures with affidavit.

9. Vakalatnama on behalf of the petitioner.