KANWALJEET SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This appeal by Dr. Kanwaljeet Singh is directed against the judgment dated 8th August, 2017 dismissing his W.P.(C) No.7711/2016. In effect, the learned Single Judge negatived the plea of the Appellant that the appointment of the Respondent No.5 as Vice-Chancellor ('VC') of the Laxmibai National Institute of Physical Education, Gwalior ('LNIPE') by the order dated 23 rd September 2015, pursuant to an approval order issued on the previous day i.e. 22nd September, 2015 by the Appointments Committee of the Cabinet ('ACC'), was illegal.

(2.) The background facts are that LNIPE is a society registered under the provisions of the Madhya Pradesh Societies Registration Act, 1973. It is a deemed university fully funded by the Ministry of Youth Affairs and Sports (YAS), Government of India. Consequently, in terms of the stand of the Respondents 1 to 4, the 'governance system and management structure is the sole prerogative of this Ministry'.

(3.) The appointment of the VC of the LNIPE is governed by Rule 26 of the Memorandum of Association ('MoA')/Rules 2014 of the LNIPE which reads as under: