1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.

2. Mandamus will not lie against a Company even though it may be a Government Company.

3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

a. 1 and 2 only 

b. 2 and 3 only

c. 1 and 3 only 

d. 1, 2 and 3

Answer: d

Explanation:

Article- 32: Remedies for enforcement of Fundamental Rights:

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III is guaranteed.

(2) The Supreme Court shall have the power to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

Article-226: Power of High Courts to issue certain writs.—(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

Writ of mandamus: The term “mandamus is derived from the Latin meaning “we command”. It is a command issued by a court of competent jurisdiction in the name of the State or officer, corporation or person requiring the performance of a specific public duty. It is a high prerogative writ of the most extensive remedial nature. Its purpose is to remove the defects of injustice. The objective underlying the mandamus is to render remedy where the law fails to provide any specific relief.

Mandamas may lie against any authority, officers, government or even judicial bodies that fail to or refuse to perform a public duty and discharge a legal obligation.

Hence, statement 1 is correct. 

A government company is a separate legal entity and cannot be called either a Government corporation or an industry run by or under the authority of the Union Government.

Any company being a non-statutory body and one incorporated under the Companies Act, but there was neither a statutory nor a public duty imposed on it, then mandamus would not lie against it, even if the company is a government company.

But mandamus would lie against a company constituted by a statute for the purposes of fulfilling public responsibilities. 

Hence, statement 2 is correct. 

Writ of quo warranto: The object of this writ is to prevent a person who has wrongfully usurped a public office from continuing in that office. The writ calls upon the holder of the office to show the court under what authority he holds the office. An application for the writ of quo warranto challenging the legality of an appointment to an office of a public nature is maintainable at the instance of any private person although he is not personally aggrieved or interested in the matter.

An application seeking such a writ may be made by any person provided the office in question is a substantive public office of a permanent nature created by the Constitution or law and a person has been appointed to it without a legal title and in contravention of the Constitution or the laws.

A public office means an office in which the public has an interest. 

Hence, statement 3 is correct.

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