Prof. Sachin Maheshwari vs Netaji Subhas University Of Technology ...
2026 Latest Caselaw 864 Del

Delhi High Court

Prof. Sachin Maheshwari vs Netaji Subhas University Of Technology ... on 13 February, 2026

Author: C. Hari Shankar

Bench: C. Hari Shankar

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                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +      W.P.(C) 601/2019
                         PROF. SACHIN MAHESHWARI                                    .....Petitioner
                                               Through: Mr. R. Tarkeshwar Nath and
                                               Mr. Harshit Singh, Advs.

                                               versus

                         NETAJI SUBHAS UNIVERSITY OF
                         TECHNOLOGY AND ORS.                       .....Respondents
                                       Through: Ms. Avnish Ahlawat, SC
                                       NSUT, Mr. Nitesh Kumar Singh, Ms. Aliza
                                       Alam and Mr. Mohnish Sehrawat, Advs. for
                                       R-1 and 4
                                       Mr. Puneet Rathi, Adv. for R-2

                         CORAM:
                         HON'BLE MR. JUSTICE C. HARI SHANKAR
                         HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                               ORDER (ORAL)

                  %                              13.02.2026

                  C. HARI SHANKAR, J.

1. The prayer clause in this writ petition reads as under:

"(i) Quash and set aside the order dated 26.09.2018 appointing Prof. Jai Prakash Saini as the first Vice- Chancellor of the Netaji Subhas University of Technology Department being ultravirus and unconstitutional.

(ii) Quash and set aside the order dated 15.11.2018 issued by Netaji Subhas University of Technology taking Professor J. P. Saini as Vice-Chancellor on its strength.

(iii) Quash and set aside clause 4 (3) of the notification dated 30.11.2018 issued by Department of Training & Technical

Education, Govt. of Delhi and published 04.12.2018 being

Signing Date:18.02.2026 17:13:31 ultravirus and unconstitutional."

2. Ms. Aliza, learned Counsel for Respondents 1 and 4 submits that tenure of Respondent 2, whose appointment forms subject matter of challenge in this writ petition has come to an end and he is no longer with Respondent 1 University.

3. Prayer (i) in this petition challenges the order appointing Respondent 2 as Vice-Chancellor and prayer (ii) challenges the order taking him on its strength.

4. Neither of these prayers can survive for consideration once Respondent 2 is no longer holding any office with the Respondent 1 University.

5. Moreover, this writ petition has been filed under Article 226 of the Constitution. The writ that the petitioner seeks is essentially one of quo warranto. A writ of quo warranto challenges the right of a person to continue holding a public office. Once the person is no longer holding a public office, no occasion arises for the Court to issue any writ of quo warranto.

6. Once prayers (i) and (ii) of the writ petition do not survive for consideration, prayer (iii) is rendered academic.

7. We, therefore, do not see any occasion for us to adjudicate on the merits of this writ petition which, to our mind, has become infructuous with the completion of the tenure of Respondent 2 as

Vice-Chancellor with the Respondent 1 University.

8. The writ petition is accordingly disposed of in the aforesaid terms.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

FEBRUARY 13, 2026/ss