Delhi High Court - Orders
Bharati Rathore vs Union Of India And Anr on 12 April, 2021
Author: J.R. Midha
Bench: J.R. Midha
$~A-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5229/2019 & CM APPLs.23128/2019, 28903/2020,
970/2021 & 971/2021
BHARATI RATHORE ..... Petitioner
Through: Mr. Shivendra Pratap Singh,
Advocate.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Kirtiman Singh, CGSC with
Mr. Waize Ali Noor and Ms. Taha
Yasin, Advocates.
Mr. Naresh Kaushik, Advocate as
amicus curiae.
Dr. S.S Singh Joint Controller of
Patents and Design in Patent Office
Delhi.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 12.04.2021
1. The hearing has been conducted through video conference.
2. The hearing of this case was concluded and the judgment was reserved on 01st February, 2021.
3. This matter is listed today for directions to seek clarification and further hearing on certain aspects.
4. It has come to the notice of this Court that Ministry of Commerce and Industry, Department of Industrial Policy & Promotion constituted a Committee under the chairmanship of Justice Allah Raham (Retd.) on 24th Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06 December, 2008 to look into the Recruitment Policy and Structure of Examiners of Patents and Designs in the Patent Office under Office of the Controller General of Patents, Designs and Trade Marks by taking into account the International Test Practices.
5. The aforesaid Committee submitted its Report in which the Committee recommended the selection procedure to comprise of the written test and the interview to be conducted by the Recruitment and Assessment Board (RAB), Council of Scientific and Industrial Research (CSIR). The Committee further recommended 20% of the total marks to be allocated for interview and number of candidates to be called for interview should be about five times the number of vacancies. The relevant portion of the report is reproduced hereunder:-
"VI. 3. Modalities of Selection.
An Examiner of Patents and Designs is a key entry level post in the Patent Office having quasi judicial powers in relation to processing of application and grant of a patent. They have to deal with patent stake holders including legal professionals and patent agents at various stages and interact with them in an efficient and effective manner. Higher supervisory posts above Examiners viz., Controllers of Patents and Designs are all filled through 100% promotions. Thus, Examiners must have the sound knowledge of their field to keep the examination level at high standards and always maintain the sustained tradition of quality. Professional requirements for the post of Examiner makes it imperative that the candidates to be selected for this post should be tested for their knowledge in the respective subject and also for their communication skills, personality, behavior traits, etc. The Committee has examined the issues related to modalities to be adopted for selection of Examiners. The Committee is of the opinion that:
The selection procedure should comprise of written test Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06 and personal interview.
The written examination can be on the line of NET examination conducted by UGC. Accordingly, the syllabi for examination should be prepared for each discipline of science and engineering / technology The written test should have two parts: (a) objective type questions with multiple choice based on the subject of study along with appropriate number of objective questions of general appraisal type and (b) subjective type of questions in the subject of study.
Merit list of candidates should be prepared on the basis of marks scored in each subject and the same should be used as criteria for calling for interview.
Number of candidates to be called for interview should be about 5 times the number of vacancies.
The Interview Board / Selection Committee should be decided by the Recruitment Agency.
Marks for interview should be 20% of the total marks During the interview, a candidate should be assessed for Communication skills, behavior pattern and general awareness of patent system. Higher academic achievements and achievement in the area of desirable qualification may also be given some weightage. Merit list of candidates based on the score of marks obtained in the written test and interview should be prepared in each subject and the list of selected candidates in each field with due consideration to statutory reservations should be prepared and communicated to the CGPDTM by the Recruitment Agency.
Along with the main selection list, the waiting list of 50% of the number of selected candidates in each subject and category should be prepared and sent to the CGPDTM by the Recruitment Agency The Office of CGPDTM will complete all the remaining formalities and expedite the procedure so that the selected candidates are in place by the end of 2009-2010 VI. 4 . Agency for Recruitment Recruitment of as many as 257 Examiners is itself a Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06 challenging task as the number of applicants may be in thousands, spread over among different fields. The actual recruitment procedure will involve multiple stages like advertising of posts, verification of all applications, screening of candidates through written test, earmarking candidates for interview, conducting interviews in all the specified fields and preparation of final merit list.
Since the Office of the CGPDTM does not have enough resources to undertake formalities of recruitment procedure, the task should be assigned to the Agency which is specialized in undertaking responsibility of such type of large scale recruitment.
The issue of appointing a suitable Agency for this purpose was discussed in the Committee Meetings. It was agreed in the first meeting that the Recruitment and Assessment Board (RAB), CSIR, which regularly conducts interviews for selection of candidates for various posts in CSIR, should be entrusted with this task. During the second meeting, the RAB representative informed that the HRD group of CSIR conducts written examination for screening of large number of candidates in National Eligibility Test (NET) for recruitment of lecturers in multiple disciplines for educational institutions.
The Committee is of the opinion that the selection procedure should be handled by RAB (CSIR). Interviews of successful candidates should be conducted by RAB through the Selection Committee constituted for the purpose."
(Emphasis Supplied)
6. The recommendations of the aforesaid Committee are reproduced hereunder:-
"VI. RECOMMENDATIONS OF THE COMMITTEE xxx xxx xxx xxx
3. Modalities of Selection:
The Committee, after examining the issues related to modalities to be adopted for selection of Examiners, recommends that: The selection procedure should comprise of written test and personal interview.
The written examination can be on the line of NET examination conducted by UGC. Accordingly, the syllabi for examination Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06 should be prepared for each discipline of science and engineering / technology The written test should have two parts: (a) objective type questions with multiple choice based on the subject of study along with appropriate number of objective questions of general appraisal type and (b) subjective type of questions in the subject of study.
Merit list of candidates should be prepared on the basis of marks scored in each subject and the same should be used as criteria for calling for interview.
Number of candidates to be called for interview should be about 5 times the number of vacancies.
The Interview Board / Selection Committee should be decided by the Recruitment Agency.
Marks for interview should be 20% of the total marks During the interview, a candidate should be assessed for Communication skills, behavior pattern and general awareness of patent system. Higher academic achievements and achievement in the area of desirable qualification may also be given some weightage.
Merit list of candidates based on the score of marks obtained in written test and interview should be prepared in each subject and the list of selected candidates in each field with due consideration to statutory reservations should be prepared and communicated to the CGPDTM by Recruitment Agency. Along with the main selection list, the waiting list of 50% of the number of selected candidates in each subject and category should be prepared and sent to the CGPDTM by the Recruitment Agency The Office of CGPDTM will complete all the remaining formalities and expedite the procedure so that the selected candidates are in place by the end of 2009-2010.
3. Agency for Recruitment:
The Committee recommends that the selection procedure should be handled by RAB (CSIR). Interviews of successful candidates should be conducted by RAB through the Selection Committee constituted for the purpose."
(Emphasis Supplied) Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06
7. The report of the aforesaid Committee is available on official website of Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) at the following web link http://www.ipindia.gov.in/writereaddata/Portal/Images/pdf/2008- _Justice_Allah_Raham_Committee_Report.pdf
8. The Recruitment Rules for Group A posts were modified on 15th May, 2009. As per the amended Recruitment Rules, the recruitment shall be in accordance with the procedure/mechanism approved by the Central Government from time to time.
9. Respondent No.1 is directed to place on affidavit why the recruitment for the post of Examiner of Patents has not been conducted in terms of the recommendations of the Committee. The decision taken in this regard be placed on record in the affidavit. The name/names of the officer/officers who took the decision be disclosed in the affidavit. The original record containing the aforesaid decision be produced before this Court on the next date of hearing.
10. The recruitment process initiated by respondent No.2 does not provide for interviews. The decision so taken along with the name/names of the officer/officers who took the decision be disclosed on affidavit and the original record be produced before this Court on the next date of hearing.
11. The recruitment process initiated by respondent No.2 reflects that no cut-off marks have been prescribed in the written test and four selected candidates have secured 30.3%, 29.3%, 29% and 19% marks. Respondent No.2 shall disclose on affidavit as to why no cut-off marks have been prescribed. The decision be placed on record on affidavit. The name/names Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06 of the officer/officers who took the decision be also disclosed in the affidavit. The original record containing the decision be produced before this Court on the next date of hearing.
12. The affidavit shall also disclose whether the approval of the Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions and Ministry of Human Resource Development was taken to conduct the examination in this manner.
13. Mr. Kirtiman Singh, learned Standing Counsel shall take up the matter with the Secretary (Personnel), Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions and Secretary, Ministry of Human Resource Development to ascertain whether they were aware of this recruitment process and what is their response to this recruitment process. The competent officer from Department of Personnel & Training/Ministry of Human Resource Development shall remain present in Court on the next date of hearing along with the Government policy for recruitment to the Gazetted Government Posts. The learned Standing Counsel shall produce the Government policy on recruitment and the list of Government jobs in which the recruitment is being done in this manner on the next date of hearing.
14. Mr. Kirtiman Singh, learned Standing Counsel shall send the copy of this order to the Secretary, Ministry of Commerce and Industry for his response. The competent officer from Ministry of Commerce and Industry shall also remain present along with response on the next date of hearing.
15. Mr. Naresh Kaushik, learned amicus curiae shall take up this matter with UPSC and place on record the Government's policy for recruitment in Government jobs by UPSC as well as by recruitment other than the UPSC Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06 before the next date of hearing.
16. Respondent No.2 is also directed to place on record the decision taken to appoint the Committee on 06th February, 2019 to examine the equivalence of degrees. The name/names of the officer/officers who took the decision to form the Committee be also disclosed on the affidavit and the original record containing the decision be produced before this Court on the next date of hearing.
17. The aforesaid affidavits be filed within three days.
18. List for consideration on 16th April, 2016 at 12:30 P.M.
19. All original relevant records be produced before this Court on the next date of hearing.
20. The competent officer from the Controller of Patents competent to answer the quarries posed by this Court shall remain present before this Court on the next date of hearing.
21. The order be uploaded on the website of this Court forthwith.
J.R. MIDHA, J.
APRIL 12, 2021 ak Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:12.04.2021 21:14:06