Chandigarh, September 17
The Punjab and Haryana High Court today set aside an appointment ordered by Haryana Chief Minister after holding that no one could behave like Henry VIII and an “emperor-like approach needs to be condemned ”.
Allowing a petition challenging the appointment of Dr V.S. Pahil as director of the Haryana Seeds Certification Agency, Justice M.M. Kumar and Justice Jora Singh also ruled “no state largesse could be distributed in violation of Article 14 and 16 of the Constitution”. A cost of Rs 50,000 was also imposed on the state of Haryana and another respondent.
Dr Pahil was appointed “in a clandestine manner” vide an order dated November 15, 2007. Challenging his appointment, Dr Surinder Singh Dahiya and another petitioner, through counsel Dr Surya Parkash, had contended that Dr Pahil was ineligible for appointment. He did not possess the required educational qualification and was overage.
Referring to a communication forwarded by the director, agriculture, to the finance commissioner and principal secretary, it was contended that Dr Pahil’s date of birth was December 15, 1954. He was ineligible as his age was more than the prescribed age of 50.
Despite the fact, the principal secretary to the Chief Minister, in an order dated September 27, 2007, wrote that the Chief Minister had ordered Pahil’s appointment. As such,the necessary orders be issued immediately.
Taking up the matter, the Bench ruled: “We are of the considered opinion that Dr V.S. Pahil has been appointed to the post of director in a surreptitious and clandestine manner.It is well- settled that public offices are not the personal property of any individual or a group of individuals…. The competing claims of eligible candidates in accordance with the amendments have not been considered and Dr Pahil has been appointed virtually on the direction issued by the worthy Chief Minister, Haryana.For the reason stated, the petition succeeds. The appointment of Dr V.S. Pahil is set aside and the order in this regard dated November 15, 2007, is quashed”.
Speaking for the Bench, Justice Kumar directed the agency to “issue fresh circular/advertisement to fill the post of the director in accordance with law”.
Justice Kumar added the needful shall be done within two months from the date of receiving the order’s copy. “However, till the appointment of the director is finalised, the director, agriculture department, Haryana, shall ex-officio perform the duty as the director of the agency.”
In the 33-page order, Justice Kumar added the petitioners were entitled to costs, “which are quantified at Rs 50,000, and shall be paid by the state and the agency proportionately”.
