SATISH KUMAR SINGH Vs. UOI

JUDGEMENT

(1.) The Writ Petitioners in these proceedings seek a direction that employees working with the Central Tibetan Schools Administration (CTSA) who are not Indian nationals, ought not to be regularised or given permanent employment.

(2.) The admitted facts of the case are that the CTSA was established sometime in the year 1961 after the influx of Tibetan refugees in India. These schools were to cater to the children of Tibetan nationals who were compelled to cross over and settle in India. When the petition was initially filed, there were four Petitioners. Counsel for the Respondent submitted today that Petitioners No.2 to 4 have indicated that they wish to withdraw from these proceedings and are not interested in pressing the same. It was also submitted that the first Petitioner cannot have surviving grievance since he was terminated from the employment.

(3.) Mr. Bareja, learned counsel appearing on behalf of the Petitioners, placed reliance on the circular/instructions issued by the Central Government in the year 1987 which provided inter alia that a candidate for appointment to any Central service or post must be a citizen of India or must fall in certain categories. Clause 1(d) stipulates that a Tibetan refugee, coming to India before 1.1.1962, with the intention of permanently settling in India (in whose favour a certificate of eligibility was issued by the Government of India) would be entitled to consideration for a civil post. Counsel also relied upon clause 2.3 to say that appointment of non-Indians to civil post under the Government of India could be made only in exceptional circumstances for short period, and that such appointments would be on contract. It was also pointed out that clause 2.4 obliged the Government to take suitable steps in the while appointing non- Indians to take trained Indians to fill such posts on regular posts. He also relied on other conditions which require security clearance etc.