DR RAGHUNANDAN SHARMA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:- 30.05.2025 Date of Decision:- 06.06.2025 + W.P.(C) 10836/2021 & CM APPL. 33340/2022 DR RAGHUNANDAN SHARMA .....Petitioner Through: Mr. Ashok Kumar Panigrahi, Ms. Apurva Upmanyu and Mr. Nabab Singh, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Chetan Sharma, ASG with Ms.Monika Arora, CGSC, Mr. Subhash Tanwar, CGSC Mr.Amit Gupta, Mr. Naveen, Ms.Bhavi Garg, Mr.Subhrodeep Saha, Ms.Anamika Thakur, and Mr.Prabhat Kumar, Advs for UoI. Ms.Archana Pathak Dave, ASG with Mr.Kumar Prashant and Mr.Avnish Dave, Advs for R-2. Mr.Arun Bhardwaj, Sr.Adv with Ms.Ruchi Kohli, Sr.Adv, Ms.Ankita Chaudhary and Mr.Shreyas Balaji, Advs for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. 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 Signature Not Verified Digiltally Signed W.P.(C.) No.10836/2021 Page 1 of 12 By:SREERAM L Signing Date:06.06.2025 15:06:48 autonomous Board having been constituted under Section 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 Section 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 p