University Professor Does Not Hold Public Office for Quo Warranto: Kerala High Court

Quo warranto cannot be used against every statutory-university appointment

The Kerala High Court dismissed a public interest litigation challenging the appointment of a mathematics professor at Cochin University of Science and Technology through a writ of quo warranto.

The Division Bench explained that quo warranto is directed against unlawful occupation of a public office. A public office ordinarily involves authority and duties created by law together with the exercise of a portion of sovereign governmental functions for public benefit. A university professor, although employed by a statutory university, does not on that basis alone exercise sovereign executive, legislative or judicial functions.

Service dispute presented as PIL

The petitioner had been teaching at CUSAT since 2006, while the respondent professor was appointed in 2019 and later became a Senate and Syndicate member. The Court noted that no statutory violation affecting the original appointment had been challenged at the relevant time. It viewed the litigation as substantially arising from a private service dispute.

The Court reiterated that public interest litigation in service matters is generally not maintainable. The limited exception is a genuine quo warranto challenge where a person is alleged to be unlawfully occupying a public office.

Final outcome

The PIL was dismissed. The Court held that the professorship in question was not a public office of the kind against which quo warranto would lie.

Case: Dr. V. Madhu v The Chancellor of CUSAT and Others

Case No.: WP(PIL) No. 90 of 2026

Citation: 2026 LiveLaw (Ker) 511

Bench: Chief Justice Soumen Sen and Justice Syam Kumar V.M.

For CUSAT: Kavya Varma M.M., Standing Counsel

Source: https://www.livelaw.in/amp/high-court/kerala-high-court/kerala-high-court-university-professorship-quo-warranto-550561