AKHILESH VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in both the writ petitions, who claim to be artists, sought a writ of quo warranto to set aside the appointment of Dr. Sudhakar Sharma (arrayed as respondent No.3 in W.P.(C) No.11681/2015 and as respondent No.1 in W.P.(C) No.3106/2016) as Secretary of Lalit Kala Akademi, New Delhi alleging that his appointment was in violation of the provisions of Lalit Kala Akademi (Secretary, Lalit Kala Akademi) Recruitment Rules, 1999 (for short 'Recruitment Rules'). The Petitioners also challenged the order dated 15.10.2015 passed by the Government of India, Ministry of Culture whereby the order of suspension of Dr. Sudhakar Sharma was revoked and he was reinstated into service.

(2.) Lalit Kala Akademi was set up as an apex cultural body by the Government of India by the Parliamentary Resolution dated 07.10.1953 to encourage and promote visual arts such as paintings, graphics, sculpture and etc. and to promote thereby the cultural unity of the country. It was registered as a society under the Societies Registration Act, 1860 on 11.03.1957 and has full functional autonomy in the field of its activity even though the Government of India is the sole funding agency for the organization.

(3.) As per the terms incorporated in the Parliamentary Resolution, the officers of the Lalit Kala Akademi (hereinafter referred to as 'the Akademi') shall be the Chairman, Vice-Chairman, Treasurer and Secretary. The Akademi shall conduct its work through (a) General Council, (b) Executive Board, (c) The Finance Committee and (d) Any other standing committee or committees which the General Council or the Executive Board may set up for discharging any one or more of their functions. The Chairman shall be a member of the General Council as well as the Executive Board.