Delhi High Court - Orders
Sh Prabil Kumar Jha vs Delhi Urban Shelter Improvement Board ... on 4 January, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14768/2021, CM APPL. 46470/2021
SH PRABIL KUMAR JHA ..... Petitioner
Through: Ms.Shivika Mehra, Adv.
versus
DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Ms. Mini Pushkarna, Standing
Counsel for DUSIB with
Ms.Khushboo Nahar, Adv. for
Respondent Nos. 1 & 4 to 9.
Mr.Zoheb Hossain, Standing Counsel
for GNCTD with Mr.Vivek Gurnani
and Ms.Tulika Gupta, Advs. for
Respondent No. 2/GNCTD.
Mr.Keshav Sehgal, Adv. for
Respondent No. 4.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 04.01.2022
[VIA VIDEO-CONFERENCING]
CM APPLs. 46471/2021, 46472/2021 (for exemption) Allowed, subject to all just exceptions.
The applications shall stand allowed.
W.P.(C) 14768/2021, CM APPL. 46470/2021 The challenge to the appointment of respondent Nos. 4 to 9 is addressed on the ground that they do not hold the requisite qualifications as statutorily prescribed to be appointed as directors of the DUSIB. The respondents on the other hand seek to urge the validation of those appointments by submitting that they have been appointed as such only as a Signature Not Verified Digitally Signed By:BHAWNA Signing Date:07.01.2022 14:06:44 "pro tem" arrangement which has been made in light of the exigencies of the situation which presently prevails in the DUSIB and are envisaged as a stop gap arrangement. Reference is also placed on the provisions made in Fundamental Rule 49 to submit that such officiating appointees need not possess the essential qualifications which may be otherwise prescribed for a regular promotion being made to the post of Director.
Ms.Mehra, learned counsel appearing for the petitioner, prays for time to address submissions in respect of her contention that Fundamental Rule 49 would not come to the aid of the respondents. The additional issue which has arisen and has also been addressed on behalf of the petitioner is that regular appointments are deliberately not being made and only a stop gap arrangement being put in place and which may continue in perpetuity unless directed otherwise by the Court. It was submitted that the continuance of the respondents without positive steps being taken to make regular appointments would violate the scheme of Fundamental Rule 49 even if it were assumed to apply.
In light of the apprehension as expressed, learned counsels appearing for the GNCTD as well as for the DUSIB are requested to obtain instructions and apprise the Court of the expected and reasonable time frame within which regular appointments are envisaged to be made to the post of Director.
As prayed by the learned counsels, list again on 12.01.2022.
YASHWANT VARMA, J.
JANUARY 4, 2022/bh Signature Not Verified Digitally Signed By:BHAWNA Signing Date:07.01.2022 14:06:44