LAWS(ALL)-2008-1-181

DINESH KUMAR KESARWANI Vs. UNION OF INDIA

Decided On January 25, 2008
DINESH KUMAR KESARWANI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE petitions challenge the appointment of Dr. SK Sharma (the contesting respondent) on the post of keeper, amendment in the service rules, and the advertisement for the post of Director in the Allahabad Museum (the Museum ).

(2.) ALLAHABAD city breaths through a park that was known as Alfred park; after some changes it has been renamed as Chandra Shekhar Azad Park (the Park) as Chandra Shekhar Azad was martyred there. It is situate in the middle of the city. Thousands come here for morning and evening walk. A historical background of the Park can be found in the decision reported in Arun Kumar Vs. Nagar Mahapalika, Allahabad and others; 1987 UPLBEC 665 (See Endnote-1 ).

(3.) THE Museum is within this Park. It was constructed sometime in 1930's. Initially, it was managed by the Municipal board Allahabad but in 1980's it was decided that it should be managed by the Central Government. In order to give effect to it, a society by the name of Allahabad Museum Society, Allahabad (the AMS) was registered under the Societies Registration Act (the Act) on 6. 9. 1985. The Committee of management of the AMS included some ex officio and some nominated members from the Central Government. The AMS is funded by the central Government. It is admitted that it is a State within the meaning of Article 12 of the Constitution of India.