IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 317 OF 2010 DR. DAISY JOHN, LECTURER, GOA COLLEGE OF HOME SCIENCE ... Petitioner Versus THE STATE OF GOA THROUGH SECRETARY (EDUCATION) AND 7 ORS., ... Respondents Mr. J. Godinho, Advocate for the petitioner. Mr. S. Bandodkar, Addl. Govt. Advocate for respondents No.1, 4 and 7. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 10th June, 2010 P.C.: We have heard the learned Counsel appearing for the petitioner. By this petition under Article 226 of the Constitution of India, the petitioner is seeking writ of quo-warranto for removal of the sixth respondent from the Office of the Principal, Goa College of Home Science. The challenge, in substance, is on the ground that the sixth respondent does not possess the qualifications laid down by the statute, norms and guidelines of the University Grant Commission. 2. It is not in dispute that the present petitioner had filed Writ Petition No. 502/3003 for challenging the action of appointing the sixth respondent as the Principal of the College. By an order dated 13th October, 2003, the said writ petition was rejected on merits. 3. The learned Counsel appearing for the petitioner invited our attention to order passed in another Writ Petition No.59/2009 filed by the petitioner for the same relief. He has placed reliance on the order dated 18th February, 2009, passed in the said writ petition and submitted that the petitioner was permitted to withdraw the said writ petition with liberty to file a fresh writ petition. 4. The learned Counsel appearing for the petitioner submitted that in any event, the petitioner is seeking a writ of quo-warranto and once it is brought to the notice of the Court that the sixth respondent was not possessing requisite qualifications prescribed by the statute, this Court is bound to exercise writ jurisdiction under Article 226 of the Constitution of India and issue a writ of quo-warranto. He has placed reliance on the decision of the Apex Court in the case of N. Kannadasan vs. Ajoy Khose and ors. ((2009) 7 SCC 1). He has also placed reliance on the decision of the Apex Court in the case of Pramod Kumar vs. U.P. Secondary Education Services Commission and ors. ((2008)7 SCC 153) in support of his submissions. 5. It is not in dispute that in Writ Petition No.502/2003, the challenge to the appointment of the sixth respondent made by the petitioner failed on merits. Perusal of the order dated 13.10.2003 passed by this Court in the said writ petition shows that the challenge was also on the ground that the sixth respondent was not possessing the prescribed qualifications. It is obvious that the ground of challenge incorporated in this petition was available when the earlier Writ Petition No.502/03 was filed. The learned Counsel appearing for the petitioner tried to submit that the petitioner was not aware that the said grounds were available. However, that is no ground for entertaining a fresh petition. 6. Reliance was placed on the order dated 18/2/09 passed by this Court in Writ Petition No.59/09. The order of this Court reads thus : "Mr. Godinho, learned Counsel appearing for the petitioner wishes to withdraw this petition, with liberty to file such petition as may be maintainable in law. The petition disposed off as withdraw. Liberty, as prayed, is granted." Perusal of the said order shows that this Court granted liberty to the petitioner to file a fresh petition with a rider that he may file a fresh petition, provided it is maintainable in law. 7. After having failed on merits in the earlier petition, where the challenge was to the appointment of the sixth respondent on the ground of lack of qualifications, now the petitioner cannot again invoke writ jurisdiction of this Court and seek the same relief on the grounds which are allegedly different. The same grounds could have been urged in the earlier Writ Petition No.502 of 2003. 8. This is not a case where this Court can exercise writ jurisdiction at the instance of the petitioner. Accordingly, the writ petition is rejected. A. S. OKA, J. F. M. REIS, J. ssm.