The Delhi High Court recently rejected a plea challenging the appointment of Nidhi Chibber as Chairperson of the Central Board of Secondary Education (CBSE) [Independent School Federation of India & Anr v The Union of India & Ors]..Justice Chandra Dhari Singh dismissed the plea filed by Independent School Federation of India after noting that Chibber fulfils the criteria for the post.“In the instant case, this Court is not inclined to issue a writ of Quo Warranto, as no prima facie case is made out by learned counsel for the petitioner and the respondent no. 3 (Chibber) has the qualification to be appointed as the Chairperson, Central Board of Secondary Education. In view of the foregoing discussion, this Court is of the view that the instant writ petition filed by the petitioner is nothing but a gross misuse of process of law. Accordingly, the instant petition, alongwith pending application, stands dismissed,” the order stated..The petitioner had approached the High Court arguing that Chibber was appointed to the post as part of a bureaucratic re-shuffle, and was not eligible to occupy the post. It was contended that she did not have the minimum experience of three years in the field of education.Counsel appearing for Chibber, however, argued that she has the requisite experience and qualifications as per the vacancy circular issued.The Court considered the case and held that no case is made out to remove the Chairperson from her post..Advocate Ravi Prakash Gupta appeared for Independent School Federation of India.Central Government Standing Counsel Manisha Agrawal Narain with Advocate Shivangi Gumber appeared for the Central government.CBSE was represented through its Standing Counsel MA Niyazi as well as Advocates Anamika Ghai Niyazi, Kirti Bhardwaj, Nehmat Sethi and Arquam Ali..[Read order]
The Delhi High Court recently rejected a plea challenging the appointment of Nidhi Chibber as Chairperson of the Central Board of Secondary Education (CBSE) [Independent School Federation of India & Anr v The Union of India & Ors]..Justice Chandra Dhari Singh dismissed the plea filed by Independent School Federation of India after noting that Chibber fulfils the criteria for the post.“In the instant case, this Court is not inclined to issue a writ of Quo Warranto, as no prima facie case is made out by learned counsel for the petitioner and the respondent no. 3 (Chibber) has the qualification to be appointed as the Chairperson, Central Board of Secondary Education. In view of the foregoing discussion, this Court is of the view that the instant writ petition filed by the petitioner is nothing but a gross misuse of process of law. Accordingly, the instant petition, alongwith pending application, stands dismissed,” the order stated..The petitioner had approached the High Court arguing that Chibber was appointed to the post as part of a bureaucratic re-shuffle, and was not eligible to occupy the post. It was contended that she did not have the minimum experience of three years in the field of education.Counsel appearing for Chibber, however, argued that she has the requisite experience and qualifications as per the vacancy circular issued.The Court considered the case and held that no case is made out to remove the Chairperson from her post..Advocate Ravi Prakash Gupta appeared for Independent School Federation of India.Central Government Standing Counsel Manisha Agrawal Narain with Advocate Shivangi Gumber appeared for the Central government.CBSE was represented through its Standing Counsel MA Niyazi as well as Advocates Anamika Ghai Niyazi, Kirti Bhardwaj, Nehmat Sethi and Arquam Ali..[Read order]