University of Mysore v CD Govinda Rao
Rule established
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.
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.
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.
How to use it in an exam
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.
Source
Source: AIR 1965 Supreme Court 491
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.