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Supreme Court of India· 08 September 2026

Can the jurisdiction to issue a writ of quo warranto be employed to vindicate the personal grievance of a candidate unsuccessful in a selection process?

ANNU KUMAR & ANR v. MAHARSHI DAYANAND UNIVERSITY
2026 INSC 968
Coram: Justice Dipankar Datta · Justice Manmohan
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Answer

The jurisdiction to issue a writ of quo warranto cannot be employed to vindicate the personal grievance of a candidate unsuccessful in a selection process.

No. The jurisdiction to issue a writ of quo warranto cannot be used to vindicate the personal grievance of a candidate who failed to secure selection on merit; a petitioner must show that the appointee lacks the requisite qualification to hold the public office, not merely that the petitioner himself was not selected. (¶9)

Headnote

Constitution of India — Art.226 — Art.142 — Writ of quo warranto — Locus standi — Burden of proof — Writ of quo warranto — Personal grievance of unsuccessful candidate — Not maintainable — Held: The jurisdiction to issue a writ of quo warranto cannot be employed to vindicate the personal grievance of a candidate unsuccessful in a selection process; the petitioner must show the appointee lacks the qualification to hold the office. (¶9) Writ of quo warranto — Burden of proof — Unimpeachable evidence — Held further: The burden of proving that an appointee lacks the requisite qualification lies on the writ petitioner, who must discharge it with unimpeachable evidence before the onus shifts to the appointer and appointee. (¶14) Constitution of India, Art.142 — Fresh inquiry despite dismissal — Held further: Article 142 empowers the Court to direct a fresh inquiry into an appointee's qualification even while dismissing the appeal and declining relief, where credible evidence of fraud has surfaced during the proceedings. Appeals disposed of. (¶18, 19, 21)

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In the Court's own words
Paragraph 9The intra-court appeal of the appellants too did not succeed, but on slightly different grounds. The Division Bench held the appeal to be not maintainable. In arriving at such conclusion, the Division Bench adverted to the merit list prepared pursuant to the selection process and noticed that none of the appellants figured amongst the top three candidates who had been recommended for appointment. On such finding, it was held that the appellants lacked the requisite locus standi to assail the appointment of the sixth respondent. The Division Bench further held that the appellants could not invoke the extraordinary remedy of a writ of quo warranto. Placing reliance on the decisions of this Court in A.N. Shastri v. State of Punjab[^11], R.K. Jain v. Union of India [^12], Dr B. Singh v. Union of India[^13] and B. Srinivasa Reddy v. Karnataka Urban Water Supply & Drainage Board Employees Association[^14], delineating the scope and ambit of such a writ, the Division Bench observed that the jurisdiction to issue a writ of quo warranto cannot be employed as a vehicle for vindication of personal grievances arising out of a selection process in which the appellants are unsuccessful. Since the challenge was, in substance, mounted by candidates who had failed to secure selection on merit and were seeking redress of their individual claims, the essential ingredients for issuance of a writ of quo warranto were held to be absent.
Acts & Sections
Art.226 Constitution of IndiaArt.142 Constitution of India

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Also decided in this judgment
Does the burden of proving that an appointee lacks the requisite qualification for a public office lie on the writ petitioner until unimpeachable evidence is produced?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections