Lucknow, Jan 11 - Lucknow bench of the Allahabad High Court today dismissed a petition filed by social activist Dr Nutan Thakur against the appointment of Uttar Pradesh DGP Javeed Ahmad.
The bench comprising Justices S N Shukla and Ashok Pal Singh rejected the petition saying the non compliance of Supreme Court judgment was still under consideration before it in a Contempt Petition, hence writ of Quo warranto was not maintainable and the petition was being dismissed on ground of maintainability.
The Court analysed the scope of writ of Quo warranto and concluded that since apart from the criteria of seniority, other conditions have also been laid down by the Supreme Court, hence it was within the domain of the Selection Committee to recommend Javeed Ahmed's name.
The bench also said unsuitability may not be the criteria for issuing a writ of quo warranto. It said the petitioner has not claimed that she is aggrieved person, therefore, this appointment is beyond the scope of writ of quo warranto.
Earlier the petitioner’s counsel Asok Pande argued that Javeed Ahmed had been appointed as DGP despite being placed at serial no. 14 of IPS seniority list in UP. Hence he does not satisfy the minimum criteria prescribed for appointment on the post of DGP as directed by the Supreme Court in Prakash Singh vs Union of India.
As per the Court, Nutan has placed several decisions of various High Courts, which say the High Court can issue a writ of quo warranto in such a case as Javeed Ahmed is an usurper of this post.
State Advocate General Vijay Bahadur Singh had submitted that the Supreme Court has taken up the issue raised her in a Contempt Petition and another writ petition on appointment is pending before the High Court.