The Karnataka High Court dismissed public interest litigation filed by Divya Rajesh Hagaragi, a prime accused in the Police Sub-Inspector Recruitment Scam, questioning the appointment of Dr. N. Ramakrishna Reddy as a Special Officer to the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority.
This was noted in the case of DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA Case No: WP 12388/2020 and the judgment was presided over by a division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty
Facts of the case-
In the case at hand, a writ petition was filed by 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.
Judgement-
At first, the bench noted that she had 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”.
Further, the bench placed reliance 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 the issuance of a writ of Quo-warrant
Thereon, 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.”
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Judgement reviewed by Alaina Fatima.
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