The Delhi High Court on Tuesday issued notice to Delhi Government and others on an application challenging decision to extend the tenure of the current Director of the Institute of Human Behaviour and Allied Sciences (IHBAS) for another year.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh asked Delhi Government and others to file a reply and listed the matter for further hearing on December 23.
Petitioner Tej Bahadur Singh, in his application filed through advocate Vijay Kumar, sought to stay of the operation and effect of the resolution/decision dated October 14, 2021, of the Executive Council (EC) taken in the 58th Meeting of the Executive Council of IHBAS, whereby the Executive Council approved the extension of the tenure of current Director, Dr Nimesh G Desai for another year beyond October 18, 2021, till he attains the age of 67 years by scrapping the ongoing process for the selection of new Director by way of Screening Committee till March 2022.
The applicant submitted that the said decision is a colourable exercise of power by the respondents for cause favour to Desai in an illegal and arbitrary manner and to overreach the issue pending consideration before this Court.
The decision dated October 14, 2021, is contrary to the affidavits filed by the respondent Delhi Govt and others and the order dated September 23, 2021, passed by this Court, the petitioner further added.
"That the aforesaid decision of the Executive Council is in defiance of their undertaking/ submissions made before this Court time and again by filing affidavits on oath, wherein the Respondent No.1 (Delhi Govt) has candidly stated on oath that the selection of new Director of the IHBAS/ Institution was under process and the same would be completed latest by November 30, 2021, but this Court had shown its concern and directed to complete the process of selection by November 15, 2021," the petitioner said.
"However, the Respondent No.1 instead of completing the said process of selection passed the aforesaid resolution in an illegal and arbitrary manner as per their whims and caprices, by overlooking the fact that the issue pending consideration before this Hon'ble Court is relating to the removal of the Respondent No.5 from the post of Director, IHBAS, who is holding the said post illegally and dehors the Rules and Regulations," the petitioner said.
The petitioner further submitted that the respondents have clearly misled this Court while seeking the time for the appointment of a new Director, due to which the merits of the petition have not been adjudged by this Court for deciding the issue finally. He further submitted that under circumstances the order dated October 14, 2021, is not justified and even the order dated October 14, 2021, leads to contempt of the Court.
Henceforth, the petitioner has sought to stay the operation and effect of resolution/ decision dated October 14, 2021, of the Executive Council, taken in the 58th Meeting of the Executive Council of IHBAS and to issue directions to the respondents, to complete the selection process for the post of Director IHBAS forthwith as mentioned in the order dated September 23.
( With inputs from ANI )
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