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2021 Supreme(Del) 1455

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Dr. J. Thulaseedhara Kurup - Appellant
Versus
National School Of Drama Bahawalpur House & Ors. - Respondents
Civil Writ Petition No. 517 of 2020, Civil Miscellaneous Application No. 1395, 19625 of 2020, 18965 of 2021
Decided On : 16-11-2021

Advocates appeared:
Anunaya Mehta, Advocate, Nishe Rajen Shonker, Advocate, Tamali Wad, Advocate, Aayushi Singhal, Advocate, Suparna Srivastava, Advocate, Tushar Mathur, Advocate

Headnote:(A) Relevant laws - DoPT O.M. dated 30.07.2007; Writ Jurisdiction Principles - Principle of Legitimate Expectation - Right to Fair Consideration; Supreme Court precedents on Appointment Rights - Shankarasan Dash v. Union of India, (1991) 3 SCC 47; East Coast Railway v. Mahadev Appa Rao, (2010) 7 SCC 678. (Para 1, 18)

(B) Delay in appointment process - Law mandates timely compliance with selection processes; Respondent's duty to act without arbitrariness, failure leading to loss of right to appointment. (Para 23, 67)

(C) Arbitrariness in Handling Complaints - Delay resulted from unfounded complaints against Petitioner causing unjustifiable postponement of approval process, actions deemed mala fide. (Para 70, 75)

(D) Findings on Panel Validity - Court emphasized that expiration of panel cannot serve as a defense due to prior failure in due process by Respondents. (Para 68, 76)

Facts of the case:
The Petitioner applied for the Director position at NSD following a selection process initiated on 28.07.2018, and claimed injustice due to undue delay and arbitrary actions by Respondents in the appointment process, despite being ranked No.1.

Findings of Court:
The Respondents’ delays and failures in complying with the Court’s directives led to the unjust nullification of the selection process.

Issues: Whether the Petitioner has an indefeasible right to appointment based on merit and due process; Whether the delay in the selection process was arbitrary and unjust.

Ratio Decidendi: The Court found that while the Petitioner did not have an absolute right to appointment, the Respondents failed to act fairly, thereby allowing the panel to lapse due to their own inaction, constituting an abuse of discretion.

Result: The writ petition was allowed, and the selection process was directed to continue, with a monetary cost imposed on Respondent. (Paras 72, 81)

Table of Content
1. petitioner's claim for director post appointment. (Para 1 , 2 , 3)
2. allegations and delays affecting selection process. (Para 4 , 5 , 11 , 12)
3. contempt of court and procedural compliance. (Para 13 , 14 , 15 , 16)
4. arbitrary actions detrimental to fair process. (Para 50 , 51 , 61 , 72)
5. court directs appointment based on merit. (Para 79 , 80 , 81 , 82)

JUDGMENT

Jyoti Singh , J. - By way of the present writ petition, Petitioner seeks a writ of mandamus to the Respondents to make appointment to the post of Director, National School of Drama, as per the result of the selection process initiated on 28.07.2018, in a time-bound manner.

2. Brief narrative of facts, as set out in the writ petition, is that National School of Drama (hereinafter referred to as NSD) is a premier Institution in India for training and development of theatre personalities, and numerous noted professionals in the artistic space are alumni of the said Institution. Director, NSD is the de-facto Chief Executive of the Institution.

3. Vacancy for the post of Director, NSD was notified on the website of NSD on 28.07.2018. Tenure of the Director was five years with retirement age fixed at 62 years. Last date for submission of applications was 15.09.2018. Petitioner applied for the said post and received an interview call letter. Interviews were scheduled on 24.10.2018 and 25.10.2018. Petitioner was interviewed on 24.10.2018 by a Search-cum-Selection Committee (hereinafter referred to as Committee), comprising of eminent personalities.

4. Petitioner learnt from reliable sources that his name had been unanimously recommended for the post and was ranked No.1, but there were forces working and lobbying for another candidate. Apprehending that his name may not be cleared for appointment, Petitioner sent a representation dated 22.11.2018 to the Honble Prime Minister. RTI applications were also filed seeking information on the status of the selection process.

5. Since a period of six months from the dates of the interviews and nine months from the date of Notification of the vacancy had elapsed and no appointment was forth coming, despite there being no impediment in appointment, Petitioner preferred a writ petition being W.P.(C) No.5177/2019 before this Court. Direction was sought to the Respondents to make appointment to the post of Director in accordance with the result of the selection process. Vide order dated 13.05.2019, this Court disposed of the writ petition directing Respondent No.2 therein/Ministry of Culture, Government of India, to pursue with the Appointments Committee of the Cabinet (hereinafter referred to as ACC)/Respondent No. 3 herein, since the Court was informed that the matter was pending with Respondent No.3 for approval. Court also observed that it expected Respondent No. 3 to take a decision within two months from the date of receipt of the order of the Court.

6. It is pleaded that in brazen disregard of the Court order, Respondent No.2/Ministry of Culture sent the file containing the proposal, only on 11.07.2019, i.e. just two days before the period of two months was coming to an end. On making enquiries with Respondent No.2, Petitioner was informed, orally, that certain complaints had been received against him and was advised to submit a detailed affidavit responding to the allegations. Petitioner sent an affidavit rebutting the allegations and rendering his explanation. By a communication dated 05.09.2019, Petitioner was informed that certain complaints were received pertaining to his application and was directed to furnish his comments. The allegations pertained to particulars furnished by the Petitioner in his Bio-Data. Petitioner furnished his comments, but was subsequently informed, on making an enquiry, that certain issues with regard to his qualifications were being examined and the complaint had been sent to Calicut Univers






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