Delhi High Court
Indian Naturopathy And Yoga ... vs Union Of India & Ors. on 8 December, 2020
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision :08th December, 2020
+ W.P.(C) 9326/2020 & CM APPL. 30041/2020
INDIAN NATUROPATHY AND YOGA GRADUATES
MEDICAL ASSOCIATION (INYGMA) ..... Petitioner
Through: Ms. Madhusmita Bora,
Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC
with Mr. Abhigyan Siddhant,
Advocate for R-1 and 2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
D.N.PATEL, Chief Justice (Oral)
The proceedings in the matter have been conducted through
video conferencing.
1. This writ petition has been preferred with the following prayers:
"a) Issue a writ of Qua Warranto quashing the Office
Order F. No. A. 11019/2/2018-E-I dated 18.10.2019;
vide which the Respondent No.3 has been assigned the
post of Adviser (additional post) under the Ministry of
AYUSH; and
b) Issue an appropriate writ, order or direction
declaring the assignment of additional charge of the post
Signature Not Verified
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Location:
Signing Date:14.12.2020
20:13:23
of Adviser (Yoga and Naturopathy) to the Respondent
No.3 as unsustainable and illegal; and
c) Issue an appropriate, writ, order or direction
declaring all the proposals and signed documents by
Respondent No.3 to be null and void while exercising the
responsibility as an Adviser under Ministry of AYUSH;
and
d) Issue any other writ, order or direction as may be
deemed fit and proper in the facts and circumstances of
this case and in the interest of justice;"
2. Having heard counsel for both the sides and looking to the facts
and circumstances of the case, it appears that several grievances have
been ventilated in this writ petition about the appointment of the
respondent No.3 to the post of Adviser (Yoga & Naturopathy) in the
Ministry of AYUSH.
3. Counsel appearing for the respondents submitted that vide
communication dated 07th December, 2020, it has been stated that the
charge which was given to Dr. Ishwar V. Basavaraddi - respondent
No.3 is discontinued with effect from 21st September, 2020. The
Office Order dated 07th December, 2020 issued by the Under
Secretary, Government of India, Ministry of Ayurveda, Yoga &
Naturopathy, Unani, Siddha and Homeopathy has been pointed out to
this Court on screen during the course of hearing through video
conference. The photocopy of the said communication be brought on
the record of this Court with a copy supplied to the petitioner.
4. The aforesaid communication dated 7th December, 2020 reads
as under:
"Reference is invited to Ministry of AYUSH‟s Order
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Digitally Signed By:PANKAJ
Location:
Signing Date:14.12.2020
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No.12024/01/2019-E-I(AYUSH) dated 01.06.2020
wherein the additional charge of the post of Adviser
(Yoga & Naturopathy), Ministry of AYUSH was
entrusted to Dr. Ishwar V. Basavaraddi, Director,
Morarji Desai National Instituted of Yoga (MDNIY) with
the approval of ACC for a period of six months w.e.f
21.03.2020 or till the appointment of a regular
incumbent to the post or until further orders, whichever
is earliest.
2. In pursuance of orders ibid, on completion of the
tenure of six months and ACC‟s communication dated
27.11.2020, the additional charge assigned to the post of
Adviser (Yoga & Naturopathy), Ministry of AYUSH to
Dr. Ishwar V. Basavaraddi, Director, Morarji Desai
National Instituted of Yoga (MDNIY) ceases w.e.f
21.09.2020.
3. This issues with the approval of the Competent
Authority."
5. In view of the aforesaid communication dated 07th December,
2020, now the respondent No.3 is not holding the post of Adviser
(Yoga & Naturopathy) in the Ministry of AYUSH, with effect from
21st September, 2020.
6. Hence, this writ petition has become infructuous and the same is
therefore disposed of. Pending application also stands disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J.
DECEMBER 08, 2020/„j‟
Signature Not Verified
Digitally Signed By:PANKAJ
Location:
Signing Date:14.12.2020
20:13:23
