Rajiv Sahai Endlaw, J.

1. The petition impugns the appointment of the Respondent No. 3 Shri Mahesh Rangarajan as the Director of the Respondent No. 2 Nehru Memorial Museum and Library Society and further seeks a mandamus for selection/appointment of the Director of the Respondent No. 2 Society in accordance with the Rules of the Respondent No. 2 Society and after issuing an open advertisement and notifying the Employment Exchange regarding the vacancy. As on the date of filing of the writ petition, the Respondent No. 3 had not taken over charge of the post of Director (the term of earlier Director having not expired till then), the interim relief of restraining the Respondent No. 3 from assuming the post of Director was also claimed.

2. Notice of the petition and application for interim relief was issued. Pleadings have been completed and the hearing concluded on 8th August, 2011. Since the Respondent No. 3 was to assume charge of the post w.e.f. 9th August, 2011, while reserving judgment it was directed that the taking over of the charge by the Respondent No. 3 shall be subject to orders in this petition.

3. The Respondent No. 2 is a Society registered in or about the year 1966, under the Societies Registration Act, 1860 inter alia to take over the administration and management of the Nehru Memorial Museum and Library with all its assets and liabilities from the Ministry of Education, Government of India. As per the Rules & Regulations of the Respondent No. 2 Society, the property, movable and immovable of the Society and administration of its affairs vests in the Executive Council of the Society. The Rules and Regulations provide for the appointment by the Executive Council, with the prior approval of the Central Government, of a Director, to be the Principal Executive Officer of the Respondent No. 2 Society, responsible for the proper administration of the affairs of the Respondent No. 2 Society under the direction of the Executive Council.

4. It is not in dispute that the post of Director of the Respondent No. 2 Society is a selection post to be filled up by the method of direct recruitment with educational and other qualifications inter alia as under:

Essential:

(i) Eminent scholar with specialization in modern Indian history and ability to conduct and guide original research.

(ii) Published research work of high merit.

(iii) At least ten years' experience in a responsible position in Government Autonomous Organization or a University.

5. The methods of recruitment as per the Service Bye-Laws of the Respondent No. 2 Society are as under:

7. Methods of Recruitment

1. Recruitment to a post under the Society may be made;

i) by promotion;

ii) by direct recruitment;

iii) by transfer/deputation;iv) by re-employment of a retired employee of the Society or of any other organization or

v) on contract for a specified period

2.The Appointment Authority shall in each case determine the method by which vacancies shall be filled. In doing so, the Appointing Authority shall pay due regard to, and where necessary, comply with the provision of the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959.

9.Direct Recruitment

Appointment to any post by direct recruitment may be made on the recommendations of a selection committee from amongst:

i) candidates recommended by the Employment Exchange on requisition in respect of those categories of employees of which recruitment has to be made through the Employment Exchange, and/or

ii) from amongst the candidates applying in response to an advertisement; and/or

iii) from amongst persons selected through personal contact; and/or

iv) from amongst candidates who have been recommended by such persons, or authorities from whom recommendation has been called for by the Director; and/or

v) from amongst candidates employed in Government autonomous or statutory organizations, who apply in response to any circular.

6. It is the case of the Petitioner, that the Respondent No. 2 Society being an Autonomous Bo