JAWAID RAHMANI Vs. UOI

JUDGEMENT

(1.) THIS petition filed in public interest seeks a writ of quo warranto quashing the continuance of the respondent No.2 Mr. Hamidullah Bhat as the Director of the respondent No.3 National Council for Promotion of Urdu Language (NCPUL). Declaration is also sought that the appointment of the respondent No.2 to the said post was illegal and unlawful. Direction is also sought to the Central Bureau of Investigation (CBI) to file complete investigation report in case RC 50/2005 pending against the respondent No.2.

(2.) NOTICE of the petition was issued and counter affidavits have been filed by the respondent No.3 NCPUL and the respondent No.1 UOI and to which rejoinder have been filed by the petitioners. The respondent No.2 has chosen not to respond.

(3.) THE respondent No.2, prior to his said appointment, was the Deputy Registrar of Kashmir University and pursuant to his appointment was holding a lien to the said post in Kashmir University. Since the Kashmir University, owing to the said lien was not able to fill up the post of Deputy Registrar on regular basis and which was creating functional difficulties for the Kashmir University, a proposal was mooted for absorption of the respondent No.2 as Director of the respondent No.3 NCPUL to enable the Kashmir University to fill up the post of Deputy Registrar in their University. Accordingly, vide order dated 21.09.1999, the respondent No.2 was absorbed as Director of respondent No.3 NCPUL.