VED PRAKASH TYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) Since these two petitions raise common questions of law and facts, the same have been heard together and are being decided by this common judgment and order. For convenience, W.P.(C) 9382/2021 is being treated as the lead petition, and for deducing the facts necessary for appropriate adjudication of the issues involved in these petitions, W.P. (C) 9382/2021 shall be referred to.

(2.) Instituting these petitions under Article 226 of the Constitution of India and impeaching the appointment of respondent no.5- Sh.Vaidya Jayant Yeshwant Deopujari to the post of Chairperson, National Commission for Indian System of Medicine (hereinafter referred to as 'the Commission') constituted under Sec. 3 of the National Commission for Indian System of Medicine Act 2020 (hereinafter referred to as NCISM Act, 2020), a prayer has been made for issuing a writ of Quo Warranto as well as writ of Certiorari quashing and setting aside the said appointment.

(3.) It has been argued by learned counsel for the petitioners that the appointment of the respondent no.5 has been made dehors the statutory provisions contained in Sec. 4(2) of the NCISM Act, 2020 and, therefore, such an appointment having been made in contravention of provisions of the statute, is not sustainable. It has been further argued that the respondent no.5 does not possess the statutorily provided requisite essential eligibility qualification in terms of Sec. 4(2) of the NCISM Act, 2020 hence, he is an usurper of the office of Chairperson of the Commission and, accordingly his appointment deserves to be quashed by issuing a writ of Quo Warranto.The submission on behalf of the petitioners further is that the respondents have utterly failed to establish that the respondent no.5 fulfils the essential eligibility qualification as prescribed under Sec. 4(2) of the Act NCISM Act, 2020, and hence he is not entitled to hold the said office any further.