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Synopsis

A PIL has been filed before the Delhi High Court to declare as void the appointment of Shri. Unnat P. Pandit as the Controller General of Patents, Designs and Trade Marks (CGPDTM) for not being eligible to hold on to the post.

The petition states the appointment of Pandit stands vitiated on account of arbitrariness in the process of appointment, recommendation by a Search Committee which did not comply with the mandate of law and the order of appointment being issued in violation of extant rules.

Filed by All India Patent Officers' Welfare Association (AIPOWA), the PIL states the appointment is in gross disregard to requisite eligibility criteria pursuant to an arbitrary selection process carried out without issuing an open advertisement as per the mandate of Department of Personnel & Training Office Memorandum dated 30 July, 2007.

"In what led to denial of opportunity to eligible candidates, no advertisement was issued after the initial move to appoint as per existing practice under the Central Staffing Scheme was abandoned and appointment through the Search Committee procedure was approved by DoPT...", the plea submits.

As per the petitioner association, arbitrariness is writ large in the process which does not inspire confidence in as much as:

i) Advertisement was issued for filling the post under Central Staffing Scheme but selection was made through Search Committee procedure.
ii) The composition of the Search Committee which recommended open advertisement was changed immediately after the first meeting on 15 September 2021 with members from outside the department being dropped and a new Search Committee was constituted which went without advertisement.
iii) The new Search Committee held its first meeting on the very next day i.e. 17 September 2021 and proposed to consider names suggested by the members themselves. In its second and final meeting on 23 September 2021 the committee decided to recommend a panel of three names -- which included Pandit for selection of a person to fill up the post of CGPDTM.
iv) The minutes of the meeting of the new Search Committee do not record any discussion with regard to eligibility as to qualification and experience it was looking for or required or particularly possessed by any of the three shortlisted candidates nominated by them. v) The copy of electronic note sheet of the ministry shows reliance on advertisement under the Central Staffing Scheme which was an internal one whereas Search Committee procedure mandated open advertisement.

Notably, a Gazette Notification was published on 16 April 2022 with regard to appointment of Pandit on deputation for 5 years which as per the petitioner is against DoPT's rule which restricts initial appointment to 3 years with provision for extension of two more years.

The petitioner is a registered and recognized association representing over 600 Group-A officers in Patent offices in Delhi, Kolkata, Mumbai and Chennai.

Instant plea has been filed through Advocates Gyanant Kumar Singh and Sarthak Shankar.

Case Title: All India Patent Officers' Welfare Association (AIPOWA) vs. Union of India and Ors.