Rajasthan High Court - Jodhpur
Bhanwarlal vs State & Ors on 23 July, 2008
Author: Govind Mathur
Bench: Govind Mathur
1
S.B. CIVIL WRIT PETITION NO. 3286/2007.
(BHANWAR LAL VS. STATE & OTHERS)
DATE OF ORDER : 23.07.2008.
HON'BLE MR. GOVIND MATHUR, J.
Mr. Dinesh Mehta for the petitioner.
By this petition for writ, a challenge is given to the order dated 10.02.2007, whereby the Government of Rajasthan appointed Shri M.M. Joshi (respondent No.3) a member of Rajasthan Administrative Services as Director, Information and Public Relations, Government of Rajasthan, Jaipur. The petitioner an Editor of fortnightly newspaper known as "Manmandakini" is seeking a writ of quo warranto on the count that under the Rajasthan Public Relation Service Rules, 1966, the source of recruitment for the post of Director can only by way of promotion or by way of transfer of a member of Indian Administrative Services and appointment of respondent Shri M.M. Joshi, who is a member of Rajasthan Administrative Services is nothing but usurpation of the post concern.
A reply to the writ petition has been filed on behalf of the respondents stating therein that His Excellency the Governor 2 of Rajasthan, while exercising powers conferred by the proviso to Article 309 of the Constitution of India introduced an amendment in the Rajasthan Public Relations Service Rules, 1966, whereby a member of Rajasthan Administrative Services for selection / super time scale was also made eligible to be appointed as Director, Department of Information and Public Relations. It is also stated in reply to the writ petition that Shri M.M.Joshi is no more director of the Department of Information and Public Relations, as such, no direction to remove usurper from the office can be passed. In view of the fact that Shri M.M. Joshi (respondent No.3) is no more Director of the Department of Information and Public Relations, no writ in the nature of quo warranto can be passed. As such, this petition for writ has become infructuous, same, therefore, is dismissed.
(GOVIND MATHUR)J. Anil/