With reference to the writs issued by the Courts in India, consider the following statements:

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?

The correct option is 1 and 3 only.

Let us analyze each statement step-by-step to understand why this option is correct:

Statement 1 is correct:
The writ of Mandamus is a judicial remedy in the form of an order from a superior court to any government, court, corporation, or public authority to do or to forbear from doing some specific act which that body is obliged under law to do or to forbear from doing. Normally, Mandamus does not lie against a private body or individual. However, if a private organization is entrusted with a public duty or performs a public function, a writ of Mandamus can indeed be issued against it to compel the performance of that public duty.

Statement 2 is incorrect:
A Government Company, although registered under the Companies Act, is an instrumentality of the State under Article 12 of the Constitution of India if it performs public functions or is heavily controlled/financed by the government. Since it performs public duties or represents the State, a writ of Mandamus can lie against a Government Company. Therefore, the assertion that Mandamus will not lie against a Government Company is incorrect.

Statement 3 is correct:
The writ of Quo Warranto is issued to prevent illegal usurpation of a public office by a person. Unlike other writs where the doctrine of locus standi (the right of a party to appear and be heard by a court) is strictly applied, any public-minded person can file a petition for Quo Warranto. The petitioner does not need to be a personally aggrieved party or have a direct interest in the public office; they only need to show that the office in question is a public office and is held by someone without legal authority.

Consequently, statements 1 and 3 are correct, while statement 2 is incorrect.