Writ Petition seeking Writ of Quo Warranto in High Court under Article 226 of Constitution to cancel illegal appointment order and remove person illegally appointed
IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
1.Mr.____________son of _________
___________ College New Delhi Through its Principal
RESPONDENT NO. 1
2. The Chairman
University Grant Commission
RESPONDENT NO. 2
3. Mr. _________________
RESPONDENT NO. 3
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF QUO WARRANTO TO THE RESPONDENTS AND REMOVE RESPONDENT NO. 3 FROM THE POST OF ASSISTANT PROCESSOR.
The Hon’ble Chief Justice of High Court,
And His Companion Judges of the
Hon’ble High Court of Delhi.
The humble petition of the
Petitioner above named.
THE PETITIONER MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is filing the present writ petition under article 226 of the constitution of India Praying for direction or order in the nature of Quo Warranto to the respondents and remove Respondent No. 3 from Assistant Professor Post.
2. That, the Petitioner is a Law abiding Citizen of India and residing the above address.
3. That the Petitioner has approached this Hon’ble Court seeking issuance of a writ in nature of a Quo Warranto against Respondent No. 3, questioning his appointment and for his consequent removal from the post of the Assistant Professor.
4. That, on__________, the Respondent No. 3 has been appointed as Assistant Professor with _____________ College. Copy of Appointment letter is attached herewith and marked as Annexure P1.
5. That Respondent No. 3 has not qualified NET examination and not eligible to appoint as Assistant Professor as per the UGC Regulations to appoint as Assistant Professor. His appointment is in violation of Section ____ of UGC Act and UGC Notification Dated ______. Copy of relevant sections of UGC Act and UGC Notification dated _____ is attached herewith and marked as Annexure P2.
6. The Petitioner aggrieved by the impugned Appointment order of the Respondent No. 1 has approach this Hon’ble Court.
9. The Petitioner submits that the order dated ______by Respondent No. 1 is in Violation of UGC Act and UGC Notification regarding qualification of teachers to be appointed in colleges.
8. That the present Writ Petition is being filed on the following, amongst other, grounds without prejudice to each other;
A. Because the appointment order dated ______ is in violation of UGC Act.
B. Because Respondent No. 3 has not cleared National Education Test examination, hence he is not eligible to be appointed as Assistant Professor in a Government College under UGC.
C. Because UGC Notification dated____ clearly states that a Person qualified NET examination only can be appointed as Assistant professor in a College.
D. Because the appointment is illegal and unsustainable in law as the eligibility conditions are totally ignored / violated.
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:-
a) Issue a Writ in the nature of Quo Warranto to the Respondents to remove Respondent No. 3 from the Post of Assistant professor;
b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
ADVOCATE FOR THE PETITIONER
DOCUMENTS TO BE ATTACHED WITH WRIT PETITION OF QUO WARRANTO
1. Notice of motion
2. Urgent application
3. Court fee
5. Synopsis & list of dates
6. Memo of parties
7. Annexure to the Petition including impugned appointment / other order and relevant documents
8. Application for exemption from filing certified copies, dim and small font annexures with affidavit.
9. Vakalatnama on behalf of the petitioner.