DIWAKAR NATH TRIPATHI v. UNION OF INDIA AND 2 OTHERS
WRIA/14331/2025 · 2025-10-12
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99329 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99329 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14331 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Abhishek Giri, learned counsel for petitioner, Sri Manoj Kumar Singh, Advocate for Respondent-1 and Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for Respondent-2.
2. Petitioner has filed present writ of quo warranto that appointment of Respondent-3 as Director, Moti Lal Nehru National Institute of Technology, Allahabad, was contrary to relevant procedures as he was not qualified for said post.
3. Petitioner has mainly relied on paras 9, 10 and 11 of writ petition as well as a copy of representation submitted by Teachers’ Association of the said Institution. Petitioner has not brought on record any document that before approaching this Court he has tried to raise his grievance before any authority. Even the relevant rule as reproduced in para 7 of writ petition does not disclose the details of it, i.e., provision, section and Act.
4. It is well settled that a writ for quo warranto is maintainable at the instance of any person, however, the person concerned has to show that Versus Counsel for Petitioner(s) : Abhishek Giri Counsel for Respondent(s) : A.S.G.I., Manoj Kumar Singh, Shivendu Ojha Diwakar Nath Tripathi .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
he has requisite information based on reliable source and he has to make out a prima facie case.
5. At this stage, learned Senior Advocate appearing for petitioner fairly submits that a chance be given to petitioner to approach the concerned respondent alongwith requisite documents that appointment of R espondent-3 was not in accordance with law as well as he is not qualified for the said post as well as position of law, if any, on the said issue.
6. Learned counsel appearing for respondents have no objection to aforesaid prayer.
7. In aforesaid circumstances, without entering into merit of case, this writ petition is disposed of with aforesaid liberty to petitioner with further observation that in case such a representation is filed, the same may be considered in accordance with law by concerned respondent. October 13, 2025 AK WRIA No. 14331 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad