Court caseAIR 1965 SC 491

The University of Mysore appointed one Anniah Gowda as Research Reader in English on the recommendation of its Board of Appointers. Govinda Rao, a rival candidate, petitioned the Mysore High Court under Article 226 for quo warranto, saying Gowda did not possess the first-class Master's degree and the research qualifications prescribed by the University's statutes, so he was holding the post without lawful authority. The High Court issued the writ; the University appealed.

Gajendragadkar J restated the conditions of quo warranto: the office must be public and of a substantive character, created by statute or by the Constitution; the holder must be in actual possession; and the appointment must be contrary to law. The writ calls upon the holder to show by what authority he holds the office. The post of Reader in a statutory university satisfied the first requirements. But the Board of Appointers, a body of experts, had considered the qualifications and found the candidate eligible on a reasonable reading of the statute. The court would not substitute its own opinion for the expert body's on a matter within its competence. The appeal was allowed and the writ set aside.