IN THE HIGH COURT OF DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Ashutosh Mishra (Dr.) - Appellant
Versus
Indian Institute of Mass Communication - Respondent
LPA 143 of 2021 & CM Appls. 13872 of 2021 and 13873 of 2021
Decided On : 01-11-2022
| Table of Content |
|---|
| 1. cadre appointments in educational institutions (Para 2) |
| 2. allegations against qualifications and experience of appointee (Para 3 , 4 , 5) |
| 3. defense against appointment challenges (Para 6 , 7 , 8 , 9) |
| 4. scope of writ of quo warranto (Para 12 , 13) |
| 5. judicial authority over executive appointments (Para 14 , 19 , 23) |
| 6. conditions for issuing writ of quo warranto (Para 15 , 17) |
| 7. final judgment and dismissal of appeal (Para 24 , 25 , 26) |
JUDGMENT
1. The instant appeal has been filed impugning the Judgment dated 06.11.2020 wherein this Court dismissed W.P.(C) 4164/2020 preferred by the Appellant herein whereby the Appellant had challenged the selection/appointment of Respondent No.3 to the post of Director General of Respondent No.1, i.e. Indian Institute of Mass Communication (hereinafter referred to as "IIMC").
2. The facts leading to the instant petitions are stated as under:
a) It is stated that the Appellant here in is a Professor and Dean of the School of Mass Communication at Chitkara University, Punjab, and IIMC is an autonomous institute that has been established in the year 1965 under the aegis of the Ministry of Information and Broadcasting, i.e. Respondent No.2, for the purposes of teaching, training, research and consultancy in the field of Mass Communication.
b) An advertisement dated 13.06.2019 was issued by IIMC inviting applications for the post of Director General of IIMC, with the last date of for submission of applications being 19.07.2019. The essential and desirable requirements as sought for under the advertisement are being reproduced as under:
Educational & other qualifications required:
ESSENTIAL:
i. A good masters' degree.
ii. Experience: Minimum 25 years' experience in the field of journalism/films/media with administrative experience of holding senior positions in Academic/Professional Institution/University Department/Organisation of national repute.
OR
Officers not below the rank of additional secretary in the Government of India or equivalent thereto with experience of managing or making personal contribution in one of the following areas:
- Writing Stories/Lyrics/Screen play.
- Editing of Films/TV Programmes.
- Production of Films/TV Programmes.
DESIRABLE:
i. Post graduation or Doctoral degree in the field of Films/Journalism/Mass Communication.
ii. Weightage will be given for the awards at National and International levels for contribution in the areas mentioned above.
iii. Participation in International Conferences.
c) It is stated that on 23.05.2022, the Appellant herein had issued a communication via email to the Vice-President of India and the Chancellor of Makhanlal Chaturvedi National University of Journalism and Communication, Bhopal, Madhya Pradesh (hereinafter referred to as the "MCRPV"), regarding allegations of fraud against Respondent No.3, Mr. Sanjay Dwivedi, who was the Vice-Chancellor of the said University. The email states that not only are there criminal cases pending against Respondent No.3, but W.P.(C) 12660/2015 has been filed against the appointment of Respondent No.3 as Reader at the said University before the Madhya Pradesh High Court.
d) It is stated that Respondent No.3 was appointed as DG of IIMC, and the Appellant herein has communicated reservations against the same to various authorities on account of Respondent No.3 allegedly not satisfying the minimum eligibility criteria for the post of DG of IIMC. Thereafter, the Appellant herein preferred W.P.(C) 4164/2020 challenging the appointment of Respondent No.3 to the post of DG of Respondent No.1 herein as well as to direct Respondent Nos. 1 & 2 to probe into the alleged illegal appointment of Respondent No.3.
e) Vide Judgement dated 06.11.2020, the learned Single Judge of this Court dismissed W.P.(C) 4164/2020 holding that there was no merit in the petition moved by the Appellant herein. Aggrieved by the same, the Appellant has moved the instant appeal assailing the said Judgement.
3. Mr. N.S. Dal
The court reinforced that appointments made by a selection committee should not be judicially reviewed unless there are clear statutory violations or evidence of bad faith.
Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.
The discretionary power of the Court in issuing a writ of quo warranto and the principles guiding the issuance of such writs.
The posts held by the respondents do not qualify as public offices since they lack the exercise of sovereign functions, making the writ of quo warranto inappropriate.
The court upheld that the appointment process followed statutory provisions, and the involvement of the Minister did not invalidate the appointment, establishing judicial review limits in administrat....
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