Delhi High Court
Umesh Chandra Gaur vs Union Of India & Ors. on 15 December, 2014
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8669/2014
Decided on: 15.12.2014
IN THE MATTER OF:
UMESH CHANDRA GAUR ..... Petitioner
Through : Mr. Piyush Kalra with
Mr. Krishna M. Singh, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through : Ms. Suparna Srivastava, Advocate
for R-1/UOI.
Mr. K.K. Rai, Sr. Advocate with
Mr. Tarkeshwar Nath, Advocate for R-2 & 3.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
1. The present petition has been filed by the petitioner, who claims
to be an applicant to the post of Director in the respondent
No.2/Gandhi Smriti and Darshan Samiti, praying inter alia for
quashing the order dated 12.9.2014, whereunder the tenure of the
respondent No.3 as Director of the respondent No.2/Gandhi Smriti
and Darshan Samiti was extended by three months. The petitioner
further seeks directions to the respondent No.1/Ministry of Culture,
UOI and the respondent No.2/Samiti not to further extend the tenure
of the respondent No.3 to the aforesaid post. Lastly, the petitioner
seeks directions to the respondent No.1/UOI and the respondent
No.2/Samiti to expedite the process of filling up the vacancy of
Director in the respondent No.2/Samiti, pursuant to the
advertisement dated 17.5.2014.
2. On the last date of hearing, none was present for the
respondent No.2/Samiti and as a result, learned counsel for the
respondent No.3 was directed to convey the next date of hearing in
the present case to the respondent No.2/Samiti. Pursuant thereto,
learned counsel enters appearance for both the respondents No.2 & 3.
3. Counsels for the respondents jointly oppose the maintainability
of this petition and state that the petitioner does not have any locus
standi to challenge the order dated 12.9.2014, whereunder the tenure
of the respondent No.3 as Director of the respondent No.2/Samiti was
extended for a period of three months, for the reason that he is not
an employee of the respondent No.2/Samiti, but only an aspirant to
the post of Director.
4. As for the last relief prayed for by the petitioner for filling up the
vacancy to the post of Director in the respondent No.2/Gandhi Smriti
and Darshan Samiti pursuant to the advertisement dated 17.5.2014,
it is submitted by Ms. Srivastava, learned counsel for the respondent
No.1/UOI that the matter is under the active consideration of the
Prime Minister's Office, who is empowered to appoint the Vice
Chairman of the respondent No.2/Samiti and only upon his
appointment, can the Director's appointment be finalized. It is
submitted that the matter of nomination of the Vice Chairman is likely
to be finalized in a month and immediately thereafter, the
appointment to the post of Director in the respondent No.2/Samiti
shall be taken up. The documents handed over by learned counsel
for the respondent No.1/UOI are taken on record, with a copy to the
other side.
5. In view of the aforesaid submission made by the counsel for the
respondent No.1/UOI, the present petition is disposed of, by binding
the respondent No.1/UOI to the assurance given to the effect that
nomination of a person to the post of the Vice Chairman of the
respondent No.2/Samiti shall be finalized by 15.1.2015, and the
formalities in that regard shall be completed by the end of January,
2015. It is directed that immediately thereafter, the process of
making an appointment to the post of Director in respondent No.2/
Samiti shall be taken up and finalized as expeditiously as is possible.
6. Needless to state that if the grievance of the petitioner still
survives, he shall be entitled to seek his legal remedies in accordance
with law.
7. The writ petition is disposed of. File be consigned to the record
room.
(HIMA KOHLI)
DECEMBER 15, 2014/sk JUDGE
