New Delhi: The Delhi High Court today
said that the challenge to Centre’s circular on appointment of Secretaries by NDA ministers
cannot be entertained as PIL and “a Minister can even appoint a paanwala” if he wants.
A bench of
justices B.D Ahmed and S.Mridul directed the counsel for petitioner NGO Society for Voice of Human Rights and Justice to seek instructions and posted the matter for hearing on
November 18.
“A minister can even appoint a paanwala as his secretary. This
is not a post which
is advertised. He may even opt for no secretary at all. Where is the right for
consideration?
“There is no public injury in the case and
hence this cannot be considered a PIL. It is a service matter. Prima facie, it
is covered under the CAT Act. It
has to be heard by the Tribunal,” the Bench said.
The HC also
said that anybody, who is aggrieved, can file the petition.
“You
are looking at the circular from very narrow point of view. There should be
some person who is aggrieved. Let him (bureaucrat) come. Why are you shying
away from approaching the CAT?,” it said.
The Counsel for NGO, however, said “there is a specific
exclusion provided in the notification. This is an attempt to politicise the bureaucracy.”
The Narendra Modi government
had on June 19 issued a circular that a person, who had been attached as a personal office staff
with Union Minister
for last 10 years, be not appointed by NDA Ministers.
Later, DoPT clarified
that the circular was applicable to OSDs and Secretaries and not to junior
office staffers.
The Court was hearing a PIL filed by Society for Voice of Human Rights and Justice
challenging the June 19 circular.
PTI
