LOKENDRA GEHLOT Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) After hearing detailed arguments in this matter, we had, on 9th April, 2018, dismissed this writ petition stating that the reasons for our decision would follow. This judgment proceeds to record the reasons therefor.

(2.) The petitioner, who claims to be a public spirited citizen, belonging to the "agriculture background" who "works for the benefits and upgradation of farming community" and, incidentally, an advocate as well, seeks issuance of a writ of quo warranto, quashing the appointment of Respondent No. 5 (Mr. Krishan Chandra) as Senior Microbiologist-cum-Regional Director of the National Bio-fertilizer Development Centre ("the NBDC") and, later, as Director of the National Centre of Organic Farming ("the NCOF"). The NCOF, we may note here, is, admittedly, merely the NBDC rechristened.

(3.) In view of the nature of the said challenge, it would be appropriate, at the outset, to set out the qualifications prescribed, for appointment as Senior Microbiologist/Regional Director of the NBDC and as Director of the NCOF, as they applied at the time of appointment of Respondent No. 5, to the said posts. Recruitment, to posts in the NBDC and, later, in the NCOF, were governed by the National Bio-fertilizer Development Centre (Group A and B) Recruitment Rules, 1985 (herein after referred to as "the 1985 RRs") and the National Centre of Organic Farming and Regional Centres of Organic Farming (Group "A" and Group "B" posts) Recruitment Rules, 2010 (hereinafter referred to as "the 2010 RRs"), respectively.