MANU/DE/0922/2017

True Court CopyTM

IN THE HIGH COURT OF DELHI

W.P. (C) 11681/2015, CM Appl. No. 31050/2015, W.P. (C) 3106/2016 and CM Appl. No. 28701/2016

Decided On: 10.04.2017

Appellants: Akhilesh Verma and Ors. Vs. Respondent: Union of India and Ors.

Hon'ble Judges/Coram:
G. Rohini, C.J. and Sangita Dhingra Sehgal

ORDER

1. The petitioners in both the writ petitions, who claim to be artists, sought a writ of quo warranto to set aside the appointment of Dr. Sudhakar Sharma (arrayed as respondent No. 3 in W.P.(C) No. 11681/2015 and as respondent No. 1 in W.P.(C) No. 3106/2016) as Secretary of Lalit Kala Akademi, New Delhi alleging that his appointment was in violation of the provisions of Lalit Kala Akademi (Secretary, Lalit Kala Akademi) Recruitment Rules, 1999 (for short 'Recruitment Rules'). The Petitioners also challenged the order dated 15.10.2015 passed by the Government of India, Ministry of Culture whereby the order of suspension of Dr. Sudhakar Sharma was revoked and he was reinstated into service.

2. Lalit Kala Akademi was set up as an apex cultural body by the Government of India by the Parliamentary Resolution dated 07.10.1953 to encourage and promote visual arts such as paintings, graphics, sculpture and etc. and to promote thereby the cultural unity of the country. It was registered as a society under the Societies Registration Act, 1860 on 11.03.1957 and has full functional autonomy in the field of its activity even though the Government of India is the sole funding agency for the organization.

3. As per the terms incorporated in the Parliamentary Resolution, the officers of the Lalit Kala Akademi (hereinafter referred to as 'the Akademi') shall be the Chairman, Vice-Chairman, Treasurer and Secretary. The Akademi shall conduct its work through (a) General Council, (b) Executive Board, (c) The Finance Committee and (d) Any other standing committee or committees which the General Council or the Executive Board may set up for discharging any one or more of their functions. The Chairman shall be a member of the General Council as well as the Executive Board.

4. In exercise of the powers conferred by clause 11.1 of the Memorandum of Association and Rules and Regulations of the Lalit Kala Akademi, "Recruitment Rules, 1999" have been made to regulate the method of recruitment to the post of Secretary of the Lalit Kala Akademi. Rule 4 of the said Rules provides that the method of recruitment, age limit, qualifications and other matters relating to the said post shall be as specified in columns (5) to (12) of the Schedule and bye-law (9) of Lalit Kala Akademi (Services) Byelaws. A perusal of the Schedule to the Recruitment Rules shows that the post of Secretary is a selection post and that the method of recruitment shall be by transfer on deputation, failing which by direct recruitment. In case of transfer on deputation, it is prescribed that the same shall be by deputation of persons in group 'A' service or equivalent in Central or State Government organizations including Museums, Galleries, etc. or University system or cultural organizations possessing essential qualifications and experience prescribed for direct recruitment. It was also made clear that period of deputation will ordinarily not exceed three years and in any case shall not exceed five years.

5. Coming to the present case, the facts borne out of the record are as under:

(a) Dr. Sudhakar Sharma was holding the post of Keeper in National Gallery of Modern Art (for short 'NGMA'). He is a permanent Central Government Officer in the grade of Keeper at National Gallery of Modern Art.

(b) By Office Memorandum dated 17.11.2000, Dr. Sudhakar Sharma was offered appointment to the post of Secretary, Lalit Kala Akademi on deputation basis.

(c) Accordingly, he joined the post of Secretary of Akademi on deputation for a period of three years w.e.f. 03.04.2001.

(d) While the period of deputation was to expire on 02.04.2004, it appears that a decision was taken by the Executive Board of the Akademi to absorb the services of Dr. Sudhakar Sharma in the Akademi on permanent basis.<........