Delhi High Court Dismisses PIL Seeking Judicial Inquiry Into Appointment Of Morarji Desai National Institute Of Yoga’s Director

The Delhi High Court on Tuesday dismissed a PIL seeking judicial inquiry into the legitimacy of appointment of Dr. Ishwarappa Veerbhadrappa Basavaraddi as Director of the Morarji Desai National Institute of Yoga, an autonomous institution under the Union Ministry of AYUSH.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula rejected the plea moved by one Dr. Ajay Pal who claimed that during his tenure in the institute as an Assistant Professor, he witnessed numerous administrative discrepancies occurring under the directorship of Dr. Basavaraddi.

Pal alleged that Dr. Basavaraddi did not possess requisite qualifications for the post and that he also furnished false and fabricated employment record.

The court observed that Dr. Basavaraddi met the prescribed criteria at the relevant times and that there was substantial compliance with due process in his appointment.

It added that Dr. Basavaraddi retired from his position as Director on June 30 after having attained the age of superannuation and thus, the said development rendered the PIL and the relief sought moot.

“Despite the contentions by the Respondents challenging the writ of Quo warranto on procedural grounds, this Court has chosen to thoroughly examine the merits of the case. Based on the comprehensive review of the evidence and arguments presented, we find no compelling reason to sustain the petition. Therefore, the petition is hereby dismissed on the facts as they stand,” the court said.

Furthermore, the bench observed that Pal did not provide any evidence that would compel the court to override the presumption of regularity or question the legitimacy of Dr. Basavaraddi’s tenure.

“It has been established through careful evaluation of the service records and educational qualifications that Respondent No. 3 has met the essential criteria for the appointment as Director of MDNIY, as applicable at the time of his appointment. This compliance with the prescribed qualifications is a central pillar in upholding the legitimacy of his position,” the court said.

It added: “The standard of proof required to dislodge an incumbent from a public office via a writ of Quo warranto is exacting, and such an action must be predicated upon clear, unambiguous, and cogent evidence of illegality in their appointment. The onus was on the Petitioner to provide incontrovertible proof to sustain such a challenge, which, in the present case, has not been met.”

Counsel for Petitioner: Mr. Mobin Akhtar, Advocate

Counsel for Respondents: Mr. Ajay Digpaul, CGSC along with Mr. Kamal Digpaul & Ms. Swati Kwatra, Advocates for respondents No.1 & 5/ UOI. Mr. R.M. Bagai, Advocate for respondents No. 2 & 3. Mr. Gurudatta Ankolekar, Advocate for respondent No.4

Title: DR. AJAY PAL v. UNION OF INDIA AND ORS.

Citation: 2023 LiveLaw (Del) 1091

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