Delhi High Court Rejects PIL Challenging Appointment Of National Small Industries Development Corporation's Chairman

The Delhi High Court has dismissed a public interest litigation (PIL) challenging the appointment of Dr. Subhransu Sekhar Acharya, the Chairman-cum-Managing Director of National Small Industries Development Corporation Limited (NSIDC).

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that a PIL is not maintainable in service matters and only non-appointees can assail the legality of the appointment or extension procedure.

The court dismissed the plea moved by one Saddam Ali, finding no merit in the same.

Ali challenged the appointment on the ground that it was in violation of the advertisement dated July 11, 2023, issued by the Union Ministry of Micro, Small and Medium Enterprises.

It was his case that the advertisement stipulated that the minimum length of service required in the eligible scale would be one year for “internal candidates” and two years for others as on the date of advertisement of the post.

He contended that Acharya was not an 'internal candidate' and was required to satisfy the condition of having a minimum length of service of two years in the eligible scale.

“Having heard the learned counsel for the Petitioner, we are not inclined to entertain the present PIL,” the court said.

Relying on various judgments, the court dismissed the plea while clarifying that it had not expressed any opinion on the merits of the issue raised in the PIL.

Counsel for Petitioner: Mr. Sanobar Ali Qureshi and Ms. Shobhna Sharma, Advs

Counsel for Respondents: Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar, Advocate for UOI

Title: SADDAM ALI v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 682

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