HC seeks replies of DJA, its chairperson Mrinal Satish on plea against his appointment

The Delhi High Court Monday sought responses of the Delhi Judicial Academy and its chairperson Mrinal Satish on a plea seeking his removal from the post on the ground that he does not fulfil the eligibility criteria.

A bench of Justices S Ravindra Bhat and Prateek Jalan issued notices to the Delhi Judicial Academy (DJA), its chairperson, Lieutenant Governor and the Registrar of Delhi High Court on the petition by NGO, AGAM An initiative for good governance.

Satish is a professor of law at the National Law University, Delhi, on deputation. His appointment as chairperson of the DJA was notified in the Official Gazette on December 15 last year which was approved by Patron-in-Chief, the Chief Justice of the Delhi High Court.

The plea sought quashing of his appointment to the post of chairperson and a direction to him to vacate the office.

It also sought an order for investigation into the administration of the Delhi Judicial Academy.

The plea claimed that Satish's appointment was in violation of the Delhi Judicial Academy (Appointment, Conditions of Service, and Conduct) Rules, 2008, and the appointment raises the question of transparency and integrity of the academy and its functioning.

It said if disregarding of the rules and by-passing of following due procedure is permitted, it will open a back-door for illegal recruitment without limit.

As per Schedule II of the Rules, one of the eligibility conditions to be appointed as chairman of the DJA was that the candidate should have an experience as a professor of law of not less than 10 years.

The Registrar of Delhi High Court had issued a circular for filling up the vacancy for the post of chairperson of DJA on August 20 last year which had laid down the eligibility criteria, terms of appointment, salary, allowances, and other perquisites for the post.

The circular reduced the minimum number of years as a professor of law to seven years from 10 years.

The NGO claimed that the circular was in deviation from the Delhi Judicial Academy Rules and Satish's appointment was "illegal, unjustified, null and void".

"As per the information available on the website of National Law University, Delhi, Satish was holding the position of associate professor in the year 2017. Hence, by no stretch of imagination he could have an experience as a professor of law of anywhere near to seven years... which is the foremost and essential condition for considering the application for chairperson, DJA," the plea said.

"Hence, in the present situation there can be only two possibilities that either Satish in his application for post of chairperson, DJA, provided false information for which he is liable to be penalised or the search committee closed its eyes to the ineligibility of Satish for the post of chairperson, DJA," it said.