Delhi High Court Dismisses Plea Challenging Appointment Of IAS Nidhi Chibber As CBSE Chairman By Way Of ‘Bureaucratic Reshuffle’

The Delhi High Court has recently dismissed a petition challenging the appointment of Senior IAS officer Nidhi Chibber as the chairman of Central Board of Secondary Education (CBSE) by way of a “bureaucratic reshuffle.”

Justice Chandra Dhari Singh rejected the plea moved by Independent School Federation of India alleging that Chibber did not fulfil the requisite terms and conditions for appointment to the position of CBSE Chairman.

Observing that the petition is nothing but a gross misuse of process of law, Justice Singh said:

“In the instant case, this Court is not inclined to issue a writ of Quo Warranto, as no prima facie case is made out by learned counsel for the petitioner and the respondent no. 3 has the qualification to be appointed as the Chairperson, Central Board of Secondary Education.”

Apart from challenging Chibber’s appointment, the petitioner Federation also sought her discontinuation from the post and further prayed that the entire record may be produced pertaining to her eligibility and experience relating to the position.

An affidavit was submitted by Chibber submitting to the effect that she has worked in the Education department for a period of 48 months in the Cadre of Director and above.

Chibber’s counsel submitted that the allegations made in the petition were incorrect and that she has the qualification and experience in the field of Education as per the criteria in the vacancy circular issued in 2015 for the post in question.

Perusing Chibber’s affidavit, the court observed that prima facie, it was not satisfied with the averments made in the plea.

“Since, the respondent no. 3 fulfills the said criteria Now adverting to the facts of this case, the respondent no. 3 has by of being eligible to the said position as per the executive record sheet of the respondent no. 3 filed as Annexure R-5 to respondent no.3’s short affidavit,” the court said.

Furthermore, it added that the writ of quo warranto is issued in cases where there is a finding under writ jurisdiction that the person holding the public office does not possesses the requisite qualification to be appointed to the position.

Observing that such a writ is issued by courts to prohibit the unqualified person to occupy the position, Justice Singh concluded:

“ of the foregoing discussion, this Court is of the view that the instant writ petition filed by the petitioner is nothing but a gross misuse of process of law. Accordingly, the instant petition, alongwith pending application, stands dismissed.”

Counsel for Petitioner: Mr.Ravi Prakash Gupta, Advocate

Counsel for Respondents: Ms.Manisha Agrawal Narain, CGSC with Ms.Shivangi Gumber, Advocate for R-1 and 2. Mr.M.A. Niyazi, Standing Counsel for CBSE with Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi and Mr. Arquam Ali, Advocates for R-3

Title: INDEPENDENT SCHOOL FEDERATION OF INDIA & ANR. v. THE UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 1027

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