The bench, comprising the Acting Chief Justice Manmohan and Justice Manmeet PS Arora, found no merit in the PIL and dismissed it. However, the court clarified that it has not expressed any opinion on the merits of the issues raised in the petition.
NEW DELHI: Today (4th June): The Delhi High Court has dismissed a public interest litigation (PIL) challenging the appointment of Subhransu Sekhar Acharya as Chairman-cum-Managing Director of the National Small Industries Development Corporation Ltd (NSIDC).
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The court rejected the contentions of the petitioner, Saddam Ali, stating that a PIL is not maintainable in service matters and only non-appointees can challenge the legality of an appointment or extension procedure.
The bench, comprising the Acting Chief Justice Manmohan and Justice Manmeet PS Arora, found no merit in the PIL and dismissed it. However, the court clarified that it has not expressed any opinion on the merits of the issues raised in the petition.
Given the aforementioned, this Court determines that the current writ petition is without merit. Consequently, the same is rejected. The bench, which also included Justice Manmeet PS Arora, stated in an order dated June 1 that “it is clarified that this Court has not expressed any opinion on the merits of the issue raised in the present petition.”
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The petitioner had challenged Acharya’s appointment, claiming it was done in violation of the advertisement issued by the Ministry of Micro, Small and Medium Enterprises. The petitioner argued that Acharya did not have the “minimum length” of service of two years left, as required by the advertisement.
The petitioner also claimed that the reasons for relaxation of the criteria set out in the advertisement were not disclosed by the authorities, and the decision to appoint Acharya without considering the relevant material was vitiated on the ground of official arbitrariness.
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