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?
Explanation
Statement 1 is correct: The word Mandamus means "we command". It directs activity and commands issued by the court to public officials asking him to perform. It is issued against any public body, corporation, inferior court, tribunal or government for the same purpose. Mandamus cannot be issued against a private individual or body.
Statement 2 is incorrect: In specific situations, Mandamus can be used against a government corporation and/or company and if a private entity till it is entrusted with a public duty. Supreme Court in Pradeep Kumar Biwas vs Indian Institute of Chemical Biology 2002 has deliberated upon this in detail.
Statement 3 is correct: The meaning of the word Quo Warranto is "By what authority or warrant". Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person. Note: UPSC has given Option (d) as the official answer.
For S2, Mandamus will not lie" absolute claim "Even if it is a Govt company" denies any exception. This is a red flag. No flexibility = likely false. Can a government company ever be involved in a public duty? LOGIC says: YES. So, how can you say Mandamus will never lie against a Govt Co.? Hence likely false.