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2011 Supreme(All) 518

SUNIL AMBWANI, JAYASHREE TIWARI
S. K. MATHUR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Arvind Kumar Mishra, A.N. Tripathi, R.P. Mishra and Rajesh Singh for the Petitioners; A.S.G.I., A.K. Nigam, Ajay Bhahnot and Rakesh Pandey for the Respondents.

JUDGMENT

By the Court.—We have heard Shri A.N. Tripathi, Senior Advocate assisted by Shri Arvind Kumar Mishra for the petitioners. Shri Ajai Bhanot appears for the respondents. Shri Pushpraj Singh appears for respondent Nos. 5 and 8.

2. The ‘Nehru Yuva Kendra’ was launched as a part of Silver Jubilee celebrations of India in 1972. The scheme was initially implemented by the Ministry of Education. In 1987 ‘Nehru Yuva Kendra Sangathan’, was launched as an autonomous body and was brought under Ministry of Youth Affairs and Sports in 1999. The Sangathan is registered as a Society under the Societies Registration Act in 1987. It is wholly controlled and funded by the Central Government and thus falls within the purview of Article 12 of the Constitution of India, amenable to a writ jurisdiction of the High Court.

3. The petitioners were appointed as District Youth Coordinators. By this writ petition they have sought for quashing the ad hoc promotions of 44 persons on 18.6.1999, on the post of Regional Coordinators recommended by the Departmental Promotion Committee (DPC) dated 9-12th October, 1998 based on seniority list of 1996, which was allegedly substituted/replaced by fresh draft senio























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