Sukhvinder Singh vs Union Of India & Others

G. Narendar, CJ

1) Heard the learned counsel for the petitioner.

2) The petitioner is aggrieved by the continuation of the Acting Chairperson of the Board of Governors, of Indian Institute of Management (I.I.M.), Kashipur for the last 05 years and 08 months in violation of Rule 3(i) and 3(v) of the I .I.M. Rules 2018.

3) He would submit that the appointment of an Acting Chairperson cannot be for a period in excess of 03 months, and at any rate, even a regularly appointed Chairperson cannot have a tenure of more than 04 years and, hence he is seeking issuance of a writ of quo warranto, and has also prayed for a direction in the nature of mandamus to the Board of Governors to constitute a Search-Cum -Selection Committee as per Rule 3(iii) of the I.I.M. Rules, 2018, and also a writ, order or direction in the nature of mandamus directing the fifth respondent / Visitor, Her Excellency the President of India to nominate a Chairperson under Section 10(2)(a).

4) We have asked the learned counsel as to whether the petitioner has brought these aspects to the notice of the concerned authorities or has made a representation to the effect.

5) The learned counsel would fairly submit that no such representation has been made.

6) In that view, we are of the considered opinion that the instant writ petition can be directed to be treated as a representation to the first respondent, and the first respondent may be permitted to consider and dispose of the same on merits within a stipulated time.

7) The learned counsel for the petitioner would consent to the same.

8) In that view, the first respondent is hereby directed to treat the writ petition as a representation, and consider and dispose of the same in accordance with law. The consideration and disposal shall be within an outer limit of 04 months from today.

9) Copy of this order be forwarded to the first respondent. Or in the alternative, the first respondent, if mandated by the Rules, may also place the representation before Her Excellency the President of India, the fifth respondent herein, for consideration and disposal.

10) Copy of this order be forwarded to the first respondent. Or in the alternative, the first respondent, if mandated by the Rules, m ay also place the representation before Her Excellency the President of India, the fifth respondent herein, for consideration and disposal.