ASHWINI KUMAR vs UNION OF INDIA AND ORS

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 28.05.2025 + W.P.(C) 16721/2024 ASHWINI KUMAR .....Petitioner Through: Mr. Navendu Kumar and Mr. Karan Chopra, Advocates. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar, Mr. Amit Kumar Rana and Mr. Abhinav Bhardwaj, Advocate for Respondents No.1 to 5/UOI. Mr. Avneesh Arputham and Mr. Ankit Sharma, Advocates for R-7. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGEMENT 1. By way of this petition under Article 226 of the Constitution, the petitioner seeks a writ of quo warranto against the appointment of respondent No. 7 as Chairman and Managing Director [“CMD”] of National Hydroelectric Power Corporation Ltd. [“NHPC”]. He also seeks a declaration that the selection process undertaken by the Union of India [“UOI”] and the Public Enterprises Selection Board [“PESB”] [respondent Nos. 1 to 5 herein] was illegal. Signature Not Verified Signed By:PARUL VASHIST W.P.(C) 16721/2024 Page 1 of 18 Signing Date:29.05.2025 13:17:51 A. Facts: 2. The impugned recruitment to the post of CMD, NHPC, commenced with an advertisement dated 17.06.2022, issued by PESB. For the purposes of the present litigation, the following features of the advertisement are relevant: - A) The “date of vacancy” was mentioned as 01.09.2022. B) Section III of the advertisement dealt with eligibility of candidates. It provided inter alia as follows: - “2. Employment Status: The applicant must, on the date of application, as well as on the date of interview, be employed in a regular capacity -and not in a contractual/ad-hoc capacity -in one of the followings:- (a) Central Public Sector Enterprise (CPSE) (including a full- time functional Director in the Board of a CPSE); (b) Central Government i