Court holds that office of Professor in statutory university does not involve sovereign government functions; PIL deemed motivated and frivolous.
In a recent judgment dated September 16, 2026, the Division Bench of the Kerala High Court comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. dismissed a Public Interest Litigation (PIL) filed by Dr. V. Madhu challenging the appointment of a Professor at the Cochin University of Science and Technology (CUSAT). The petition sought a writ of quo warranto to quash the appointment of the 6th respondent, alleging irregularities.
The Court, after hearing the parties, emphasized that the office of a Professor, even in a statutory university like CUSAT, does not amount to a public office in the constitutional sense. Citing precedents including the Allahabad High Court's decision in Dr. Neetu Singh v. State of U.P. and the Supreme Court's ruling in Ashok Kumar v. State of West Bengal, the Court observed that a public office must involve the exercise of sovereign functions by delegation of government authority for public benefit.
The Court reiterated that for issuance of a writ of quo warranto, the office must be of public nature, created by statute or constitution, substantive in character, and actually held by the person. None of these criteria were met by the Professor's post at CUSAT. The appointment was a matter internal to the university and did not involve sovereign powers or affect the public at large directly.
Further, the Court noted that the petitioner had delayed raising the challenge until after the respondent had been appointed to the Senate and Syndicate of the university, indicating possible ulterior motives. It underscored that PILs in service matters are generally not maintainable except in limited circumstances and courts must exercise caution to prevent misuse of PIL jurisdiction for personal vendettas or frivolous claims.
Accordingly, the writ petition was dismissed with no order as to costs. The judgment clarifies the limited scope of public interest litigation and quo warranto writs in university appointments, reinforcing the principle that academic posts do not constitute public offices under Article 226 of the Constitution of India.
Bottom Line:
Writ of quo warranto - Office of Professor in a statutory university does not constitute a public office as it does not involve sovereign functions of the Government or affect the public at large.
Statutory provision(s): Constitution of India, 1950 Article 226
Dr. V. Madhu v. Chancellor of CUSAT, (Kerala)(DB) : Law Finder Doc Id # 2980689
