A PIL Not Maintainable In Service Matters: Karnataka High Court

The Karnataka High Court dismissed public interest litigation filed by Divya Rajesh Hagaragi, a prime accused in the Police Sub-Inspector Recruitment Scam, questioning the appointment of Dr. N. Ramakrishna Reddy as a Special Officer to the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority.
This was noted in the case of DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA Case No: WP 12388/2020 and the judgment was presided over by a division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty

Facts of the case-

In the case at hand, a writ petition was filed by the petitioner, claiming herself to be a nominated member of Karnataka Nursing Council and to be working for upliftment and welfare of education of nurses and paramedics, had sought a writ of certiorari for quashing the order dated August 9, 2016.


At first, the bench noted that she had been arrested in the month of April 2022 and is the main accused in connection with offences pertaining recruitment of Police sub-inspectors. It further noted that the Petitioner had sought a writ of certiorari which is not maintainable in “service matters”.

Further, the bench placed reliance on Supreme Court’s judgement in Hari Bansh Lal v. Sahodar Prasad Mahton & Ors., wherein it was held that public interest litigations are not maintainable in service matters. However, the same is maintainable when the prayer is for the issuance of a writ of Quo-warrant

Thereon, the bench held “In the instant writ petition the petitioner has not sought for writ quo-warranto. Therefore, in view of the aforesaid enunciation of law laid down by the Supreme Court, the writ petition filed by the petitioner cannot be entertained and the same is accordingly dismissed.

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Judgement reviewed by Alaina Fatima.

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