ALLAHABAD HIGH COURT
BEFORE : B. AMIT STHALEKAR AND JAYANT BANERJI, JJ.
Dr. DINESH KUMAR KESARWANI ....Petitioner
Versus
UNION OF INDIA AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 20050 of 2013, 46794 of 2012, 31346, 45575 of 2013, 34269 of 2014, 18961 of 2015, 20829 of 2017, 59619 of 2014, 37904 of 2015 and 4634 of 2017, decided on 13th December, 2018)
(B) Writ Petition – Quo warranto – When can be issued – Writ of quo warranto can be issued when any appointment is contrary to statutory rules – Documents filed alongwith writ petition enclosing recruitment rules which also containing eligibility criteria are not stated to be statutory rules – Writ of quo warranto cannot be issued. [Para 21]
Result; Petition Dismissed.
Hon’ble B. Amit Sthalekar, J.—Heard Sri Gopal Misra, learned counsel for the petitioners and Sri Rajesh Tewari, learned counsel for the respondent Nos. 2 to 5.
2. Writ Petition No. 20050 of 2013 is in the nature of a quo-warranto filed by the petitioner calling upon the respondent No. 2 to show-cause as to how he is functioning on the post of Director, Allahabad Museum, Allahabad, without being appointed in accordance with law. There is a further prayer in the nature of certiorari for quashing the recommendation of the Search-cum-Selection Committee, in favour of the respondent No. 2 dated 13.11.2010, as well as order of appointment dated 21.4.2011, of the respondent No. 2.
3. The Allahabad Museum is a Central Museum under the control of Ministry of Culture, Government of India and managed by a Society known as the Allahabad Museum Society, which has its own bye-laws, known as the Allahabad Museum Society Service Bye-Laws, 1986. The Society is registered under the Societies Registration Act, 1860.
4. Briefly stated the case of the petitioner is that he was appointed on a substantive vacant post of Technical Assistant on 15.4.1988 by the Chairman, Allahabad Museum Society. His services were regularized and also confirmed by the Director of the Allahabad Museum Society. It is stated that an advertisement was published in the newspaper “Amar Ujala” on 21.4.2010 for the post of Director, Group A in the Allahabad Museum in the pay scale of 37400-67000 Grade Pay 8700. The petitioner also applied against the said advertisement for the post of Director. Interview letter was issued on 26.10.2010 to the petitioner and thereafter the interview was held. It is stated that the Allahabad Museum Society called a meeting on 18.4.2011 to approve the selection of the respondent No. 2 and thereafter a letter of appointment was issued to him on 21.4.2011.
5. The contention of the petitioner is that the Resolution, copy of which has been filed as Annexure-16 to the writ petition, bears the signature of the respondent No. 2 as the Director and Member Secretary of the Allahabad Museum, Allahabad as well as that of His Excellency the Governor, Sri B.L. Joshi. He submits that in the Resolution, in agenda No. 16 it was resolved to accept the recommendation of the Selection Committee to appoint Sri Rajesh Purohit, respondent No. 2 as Director of the Allahabad Museum. Thereafter, letter of appointment was issued on 21.4.2011, page 135 of the writ petition. It is submitted that the members who were shown to have attended the meeting on 18.4.2011, contains the name of one Dr. S.K. Sharma as In-charge Director, Allahabad Museum, Allahabad but the Resolution does not bear his signature nor does it bear the signatures of the persons mentioned at Sl. No. 2 to 7. It has in fact been signed by the respondent No. 2 as Director, Allahabad Museum, Allahabad. The names of the persons who attended the meeting are as under:
1.
Hon'ble B.L. Joshi, Governor, U.P.
Chairman
2.
Sri Sanjeev Mittal, Joint Secretary, Government of India, Ministry of Culture, New Delhi Representative Dr. Vijay S. Madan, Joint Secretary (Museum), Government of India, Ministry of Culture, New Delhi.
Member
3.
Prof. V.D. Mishra
Member
4.
Prof. K.K. Thapaliyal
Member
5.
Sri Mukesh Kumar Meshram, Divisional Commissioner, Allahabad Division
Member
6.
Additional Director, Treasury & Pension, Allahabad Division, Allahabad
Member
7.
Dr. Ajay Kumar Pandey, Director, Museum Directorate, Banarasi Bagh, U.P.
Member
8.
Dr. S.K. Sharma, Director (Incharge) Allahabad Museum, Allahabad
Member-Secretary
6. The petitioner submits that this is not possible as by the Resolution the recommendation of the Selection Committee was being adopted and at that time the respondent No. 2 was nowhere in the picture as Director, A
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