Telangana High Court Quashes National Hospitality Institute Director's Appointment, Says State Usurped Governing Council's Powers

The Telangana High Court quashed the appointment of National Institute of Tourism and Hospitality Management's (NITHM) Director, holding that the Government usurped NITHM's Governing Council power which alone is empowered under its Memorandum of Association and Rules to determine qualifications and appointment of the Director.The Court held that the subsequent ratification of the appointment by the Governing Council could not cure the defect, as such a procedure is not contemplated under the governing Rules.Justice Renuka Yara observed:"The Governing Council had absolutely no role in determining the qualifications and experience of the Director. The entire process of choosing the candidate, his qualifications and experience was usurped by the Government of Telangana and a unilateral appointment is made...Such a process of the Governing Council ratifying the appointment of Director is not contemplated under Rule 12 of the Memorandum of Association and Rules and Regulations of Respondent No.3 Institution. Thus, the appointment of Director is clearly in violation of the procedure laid down in the Memorandum of Association of respondent No.3 Institution and therefore, unsustainable."The Court further held that:"The procedure employed by the Government of Telangana in appointing respondent No.4 as Director is contrary to the Memorandum of Association and Rules and Regulations of respondent No.3 Institution and therefore, such an appointment is not sustainable."The writ petition was filed by the Centre for Better Governance, a registered society, challenging G.O.Rt. No.206 dated July 15, 2025 through which the State Government appointed Prof. V. Venkata Ramana, a Professor at the University of Hyderabad, as Director of NITHM on deputation. The petitioner sought a writ of quo warranto, contending that the Government had no authority to make the appointment and that the appointee did not possess the qualifications prescribed for the post.The petitioner argued that under Rule 12 of the Memorandum of Association and Rules of NITHM, the Governing Council alone is empowered to determine the qualifications and experience for the post of Director, appoint the Director, and prescribe the tenure and service conditions. It contended that the Government had usurped these statutory powers by unilaterally selecting and appointing the fourth respondent through the impugned Government Order. The petitioner also alleged that the appointee lacked the requisite domain qualifications in tourism and hospitality and raised concerns regarding his previous tenure and remuneration.The fourth respondent opposed the petition, contending that the qualifications relied upon by the petitioner were contained in earlier recruitment notifications applicable only to direct recruitment and not to appointments on deputation. He argued that his Master's degree in Management and academic credentials rendered him suitable for the post and that the Government had appointed him on the basis of his administrative experience. It was also contended that the Governing Council possessed the power to ratify the appointment, which it did during its 66th meeting held on July 28, 2025.Examining the Memorandum of Association, the High Court noted that Rule 12 unequivocally provides that the Governing Council shall determine the qualifications and experience of the Director, appoint the Director, and prescribe the tenure and terms of appointment. The Court held that the Rule leaves no role for the State Government in independently selecting and appointing the Director.The Court found that the impugned Government Order contained no reference to any recommendation or request made by the Governing Council for appointment of the fourth respondent. Instead, the material on record showed that the Government had first identified the candidate, communicated with the University of Hyderabad for grant of extraordinary leave, and thereafter appointed him as Director. This demonstrated that the Government had "unilaterally usurped the power of Council" in the entire appointment process.The High Court also rejected the reliance placed on the Governing Council's subsequent resolution ratifying the appointment. It observed that the minutes of the Council meeting showed that the newly appointed Director was merely introduced to the Council after his appointment by the Government. Such post facto ratification, the Court held, is not contemplated by Rule 12 and therefore could not validate an appointment made in violation of the governing Rules.Having found the appointment procedurally illegal, the Court declined to examine the petitioner's other allegations relating to the fourth respondent's qualifications, alleged dual salary, remuneration or previous service record, holding that the appointment itself was liable to be set aside on the ground that it violated the Memorandum of Association and Rules governing NITHM.Accordingly, the Court allowed the writ petition and quashed...

Telangana High Court Quashes National Hospitality Institute Director's Appointment, Says State Usurped Governing Council's Powers

Ananya Tangri

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Ananya Tangri

Telangana High Court Quashes National Hospitality Institute Director's Appointment, Says State Usurped Governing Council's Powers

Ananya Tangri

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Ananya Tangri

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