The Court ruled that positions at Kerala Tourism Development Corporation do not qualify as public offices for the issuance of a quo warranto writ.
In a significant judgment, the Kerala High Court has dismissed a writ petition seeking a quo warranto against two managerial appointments in the Kerala Tourism Development Corporation (KTDC). The court found that the positions held by the respondents did not qualify as public offices, thereby making the issuance of a quo warranto writ inappropriate.
The petitioner, G. Sasidharan, a former KTDC employee, had challenged the appointments of two respondents who were initially appointed as Executive Trainees and later promoted to managerial positions within the corporation. Sasidharan alleged that their appointments were made without fulfilling the requisite qualifications and demanded their removal.
The Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., ruled that the writ of quo warranto is applicable only to public offices involving sovereign functions and created by statute, charter, or constitution. It emphasized that KTDC employees, being contractual, do not hold public offices since their roles do not involve the exercise of sovereign functions.
The judgment further clarified that a public office implies a delegation of a portion of the government's sovereign power for public benefit, a criterion unmet by the roles in question. The court also noted that public interest litigations in service matters are generally non-maintainable except for seeking a writ of quo warranto, which requires establishing that the office in question is of a public nature.
In reaching its decision, the court considered multiple precedents, including the Supreme Court's rulings on the nature of public offices. It underscored that the positions within KTDC, a commercial corporation engaged in tourism activities, do not involve sovereign power delegation and are thus not subject to quo warranto scrutiny.
The court also addressed procedural aspects, noting that the petitioner failed to establish the public nature of the offices held by the respondents. It observed that the KTDC positions were contractual and did not arise from any statutory rules or regulations that might confer sovereign functions.
Consequently, the Kerala High Court concluded that the writ petition lacked merit and dismissed it, leaving the corporation to address any pending appeals internally. The decision reinforces the principle that not all roles within government-linked corporations qualify as public offices for the purpose of quo warranto proceedings.
Bottom line:-
Writ of quo warranto cannot be issued against employees of a corporation unless the office is of a public nature, involves the exercise of sovereign functions, and is created by a statute or charter.
Statutory provision(s): Article 226 of the Constitution of India, Companies Act, 1956
G. Sasidharan v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2883826
