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2001 DIGILAW 832 (ALL)

PROF. RAM VIR SINGH v. CHAIRMAN, KENDRIYA HINDI SHIKSHAN MANDAL, MINISTRY OF H. R. D.

2001-08-16

D.R.CHAUDHARY, S.R.SINGH

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S. R. SINGH, D. R. CHAUDHARY, JJ. ( 1 ) KENDRIYA Hindi Shikshan Mandal (hereinafter referred to as the mandal) is a society registered under the Societies Registration Act, 1860 the registered office of which is situated at agra. The objects professed in the Memorandum of Association of the aforestated society for which the Mandal is established are : "to establish and to carry on the administration and management of the Central Institute of Hindi, i. e. , Kendriya Hindi Sansthan. Agra (hereinafter to be called in abbreviated form as the "sansthan")". The functions of the Mandal are to improve the standard of teaching of Hindi at various levels, to train Hindi teachers, to provide for the advanced study of Hindi language and literature and comparative linguistics of different Indian languages in relation to Hindi, to organise research in the teaching of the subject, to formulate, undertake, and facilitate such courses as are conducive to the development and propagation of hindi as an all India language as envisaged in Article 351 of the Constitution amongst other functions enlisted in para 3 of the memorandum of Association Kendriya Hindi Sikshan Mandal, agra, which is approved by the Ministry of Education and Social Welfare O. M. No. F-24-18/73-H (D. II) dated 1. 9. 1976. The Mandal consists amongst others, of the Minister/dy. Minister of Education and Culture in the Ministry of Education and Social Welfare as its chairman amongst other members and office bearers. The Chairman, the Vice-Chairman and the director or Secretary are the officebearers of the Mandal. According to the bye-laws of Kendriya hindi Sikshan Mandal, Agra. the Director of the Kendriya Hindi Sansthan shall be the Principal executive Officer of the Mandal and shall be appointed by the Ministry of Education, government of India out of a panel of three names suggested by the Governing Council. The vice-Chairman is nominated by the Chairman. According to bye-law No. 16, the Director shall be the Administrative and Academic Head of the Institute, i. e. , Sansthan and shall be accountable/responsible for its proper functioning and without prejudice to the generality of the provisions embodied in clause 16, the Director shall perform the duties and exercise powers as are set forth in Part II of the schedule of powers appended to the bye-laws. ( 2 ) THE petitioner is working as the senior-most Professor and head of the department of Tribal language and Research and Material Production Unit of the Sansthan. Professor Mahavir Saran jain, the Director of the Institute retired in the afternoon of 31. 1. 2001 and by the impugned order dated 1. 2. 2001, Smt. Bela Banerji, Joint Secretary Languages Human Resources Development ministry (Madhyamik Shiksha Evam Uchatiar Shiksha Vibhag, New Delhi) has been drafted to take over the charge of Director of the Institute in addition to her own duties until appointment of the Director of the Kendriya Hindi Sansthan. The case of the petitioner is that being the senior-most Professor in the Institute, he was entitled to take over the officiating charge of the post of Director until the appointment of a new Director. ( 3 ) THE order impugned herein was challenged earlier by the petitioner in Writ Petition No. 8487 of 2001 which was disposed of by order dated 12. 3. 2001 attended with a direction to dispose of the representation preferred by the petitioner staking his claim for the post of Director, Kendriya hindi Sansthan, Agra, until appointment of the regular Director. Pursuant to the directions contained in the order dated 12. 3. 2001, the petitioner filed representation dated 17. 4. 2001 in continuation of his earlier representations dated 5. 2. 2001, 8. 2. 2001 and 19. 3. 2001. The matter was delved into by the Ministry of Human Resource Development, Department of Secondary education and Higher Education (Language Division) and by order dated 17. 4. 2001, the petitioner was communicated that after taking the matter into reckoning in some detail, the selection Committee did consider his application along with those of other applicants but regrettably did not find him eligible for the post of Director of the Sansthan. It was also held that the post of Director being basically an administrative post could be filled up on selection basis through direct recruitment and keeping in view the responsibilities of the post of Director and the interests of the Sansthan, the post was not to be filled up simply on seniority basis. Aggrieved, the petitioner has filed the instant petition canvassing the legality of the order dated 1. 2. 2001 and 17. 4. 2001. Aggrieved, the petitioner has filed the instant petition canvassing the legality of the order dated 1. 2. 2001 and 17. 4. 2001. ( 4 ) WE have heard Sri Rajeshwar Yadav for the petitioner and Sri S. N. Srivastava, senior standing counsel, Union of India at prolix length. Clause 16 of the bye-laws indubitably envisages that the Director shall be the Administrative and Academic head of the Institute and shall be accountable for its proper functioning. It is true that post is to be filled up on selection basis through direct recruitment for which an advertisement has been issued but the question that surfaces for determination is whether the petitioner being the senior-most professor of the sansthan was entitled to officiate as Director till appointment of a regular Director and whether smt. Bela Banerji, an I. A. S. Officer is qualified to hold the post of Director of the Sansthan even on temporary basis? According to the advertisement (Annexure-6 to the petition), one of the essential qualifications is " (1) Nirantar Uttam Shaikshik Record Ke Saath Hindi, Bhasha Vigyan athva Shiksha Shastra Me Pratham athva Uchcha Dutiye Shreni (B+) Ya Uske Samkaksha grade Ke Saath Master Degree. " The post of Director is not purely an administrative post and rather, it is the post having blend of administrative and academic importance. The Director is both the Administrative and the Academic Head of the Institute as per clause 16 of the bye-laws as passed by the Mandal. An I. A. S. officer is not equipped with requisite qualifications in terms of the advertisement to be appointed in the post of Director. The representation filed by the petitioner has been rejected on erroneous assumptions that he was not eligible and that the post is basically an administrative post. The petitioner no doubt did satisfy the age qualification as per advertisement initially published but according to modified advertisement, he concededly fulfils the age qualification (See-para 15 of the counter-affidavit ). The post of Director as seen above is not purely an administrative post. The academic significance of the post is not to be whittled down by according higher priority to the administrative importance of the post. The allegations made in the writ petition that in the past as and when the vacancy occurred in the Institute, the senior-most Professor was given the charge, has not been repudiated by the respondents. The academic significance of the post is not to be whittled down by according higher priority to the administrative importance of the post. The allegations made in the writ petition that in the past as and when the vacancy occurred in the Institute, the senior-most Professor was given the charge, has not been repudiated by the respondents. In Writ petition No. 2012 (S/b), 2000 decided by Lucknow Bench of the Court, Dr. N. N. Bhatnagar assailed the order dated 18. 12. 2000 passed by the Secretary, Medical Health and Family welfare, Government of Uttar Pradesh, giving additional charge of Acting Director of the said institute of Health and Family Welfare to Sri M. A. A. Khan. I. A. S. , Special Secretary, Medical health and Family Welfare in place of Dr. N. N. Bhatnagar who happened to be the Joint director of Medical Health and Family Welfare. The Division Bench of the Court deprecated the practice to appoint I. A. S. Officer on post of academic importance. It was held that only those persons who possessed knowledge, acumen, and experties in Medical Sciences to the concerned discipline should be preferred for appointment as Director of the concerned Institute. We are of the view that the respondents have denied, in a way-ward manner, the opportunity to the petitioner to work as officiating head of the Institute. ( 5 ) SRI S. N. Srivastava, then canvassed that the petitioner was not found suitable for giving officiating charge in that in the past when he was given officiating charge, he was visited with the penalty of warning for certain misconduct. In my opinion, submission made by the learned counsel does not commend itself for acceptance. The order rejecting the representation contains no such ground in vindication. It is well-settled that validity of an order is to be assayed on the anvil of reasons embodied therein and not on the basis of reasons given in the affidavit : See mohindra Singh v. Chief Election Commissioner, AIR 1978 SC 851 . In the above conspectus, therefore, the impugned orders are liable to be quashed. ( 6 ) AS a result of foregoing discussion, the petition succeeds and is allowed. In the above conspectus, therefore, the impugned orders are liable to be quashed. ( 6 ) AS a result of foregoing discussion, the petition succeeds and is allowed. The impugned orders are quashed and the respondents are enjoined to pass on the officiating charge of the post of director to the petitioner attended with the condition that he would continue on the post until the availability of the duly selected candidate.