RAGHUNANDAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition instituted under Article 226 of the Constitution of India as a PIL challenges the appointment of respondent no.3 to the post of President of Board of Ayurveda (hereinafter referred to as "Board") which is an autonomous Board having been constituted under Sec. 18 of The National Commission for Indian System of Medicine Act, 2020 (hereinafter referred to as "NCISM Act, 2020"). Accordingly, a writ of Quo Warranto has been prayed for calling upon respondent no.3 to show as to how is reoccupying the office in question and further to quash his appointment.

(2.) It has been argued by learned counsel for the petitioner that Sec. 19(2) of the NCISM Act, 2020 provides that the President and Members of the Board to be chosen, shall be persons of outstanding ability, proven administrative capacity, and integrity, possessing postgraduate degree in respective disciplines and having experience of not less than fifteen years in respective fields, out of which at least seven years shall be as a 'leader'. Further submission is that proviso appended to Sec. 19(2) of the NCISM Act, 2020 prescribes the person to be chosen as President and Members of the Board shall have seven years' experience as 'leader' in the area of health, growth and development of education in Indian System of Medicine. According to the petitioner, respondent no.3 does not fulfill the experience of seven years as 'leader' as per the prescription available in the proviso appended to Sec. 19(2) of the NCISM Act, 2020 and hence, he lacks the statutorily prescribed qualification for the post in question and accordingly is an usurper of the office and therefore, his appointment is liable to be quashed and set aside.

(3.) Learned counsel representing respondent nos.1, 2 and 3 in unison have opposed the prayer made in the writ petition on several grounds, including the ground that the petition is not maintainable, having been filed not for bona fide reasons and further that in service matters, as laid down by the Hon'ble Supreme Court, in its various pronouncements, public interest litigation is not maintainable.