IHBAS director appointment: Delhi High Court notice to AAP government

The Delhi High Court on Tuesday issued notice to the Delhi government as well as the Institute of Human Behaviour and Allied Sciences (IHBAS) on an application alleging that the appointment process for a new Director at IHBAS was scrapped in defiance of the Court’s orders (Tej Bahadur Singh v GNCTD and Ors)..The application, moved in an already pending petition, said that the Delhi government had given an undertaking to the Court that the selection of a new Director for IHBAS was in progress and would be completed by November 15. However, instead of appointing a new person to the post, the term of the serving Director was extended by two years, it was pointed out..A bench of Chief Justice DN Patel and Justice Jyoti Singh heard the matter. and asked the Delhi government and the IHBAS to explain why the recruitment process earlier assured to the Court was scrapped.Justice Singh took a very stern view. “To adjust this one man, you scrap the advertisement. In my personal view this is contempt. It is very unfortunate”. Advocate Prashant Bhushan, appearing for the petitioners, submitted that the move amounts to gross contempt of court and therefore, the Chief Secretary of the Delhi government should be summoned.“After having assured the Court they say that they have extended the tenure. My Lord should call all the officials to court to answer this,” he added..The petition relates to the appointment of Nimesh G Desai as the Director of IHBAS. Desai was appointed to the post in 2016 for a period of five years or up to the age of 65 years, whichever came first. A petition was filed before the Delhi High Court by Tej Bahadur Singh last year arguing that Desai had turned 65 in October 2020 and therefore cannot continue in the post. The petition demanded that he be restrained from taking any administrative decision till the matter is adjudicated.During the hearing of the petition, the government gave an undertaking in September 2021 that the process for appointment of a new Director is under way and will be completed soon. However, on October 14 the Executive Council held a meeting and approved the extension of Desai’s tenure by scrapping the ongoing process.“Respondent No.1 (Delhi Government) instead of completing the said process of selection passed the aforesaid resolution in an illegal and arbitrary manner as per their whims and caprices, by overlooking the fact that the issue pending consideration before this Hon'ble Court is relating to the removal of the Respondent No.5 (Desai) from the post of Director, IHBAS, who is holding the said post illegally and dehors the Rules and Regulations," the application said. It was submitted by the petitioner that the Court has been misled while seeking time for appointment of a new Director, due to which the merits of the petition have not been adjudged