HC rejects PIL against President's decision

The Delhi High Court has dismissed a PIL challenging a decision of the President to appoint Saryu V Doshi as one of three members of a search committee, constituted to shortlist three names to head Lalit Kala Akademi.

“As the ultimate decision is left to the President of India, such a decision cannot be found fault with unless a nominee is not eligible to be nominated in the Search Committee,” chief justice D Murugesan and justice Rajiv Sahai Endlaw said.

The courts decision came on the PIL filed by Prasanta Kalita, an artist who has been working with the Akademi here for the past 10 years. Kalita had claimed that under the rules, Doshi, a former pro-term chairman of the Akademi, cannot be appointed by the President as one of the members of the search committee, formed to shortlist names of three persons.
“In terms of constitution/memorandum of association, only a past chairman could be nominated as one of the members of the search committee,” the PIL said, adding Doshi was only the pro-term chairman of the Akademi.

Out of three shortlisted candidates, one would be appointed as the chairperson of the Akademi. The judgement said, “The Memorandum of Association empowers the appointment of a pro-term chairman who will be entitled to discharge, inter alia, all the functions of the chairman in terms of Clause 5(iv). The selection process began by appointing members to the search committee to shortlist three names, out of them, one would succeed Ashok Vajpayee.”

“Out of three members of the search committee, the petition challenged Doshi on the ground that she was only a pro-term chairperson. The role of the committee is only to draw up a panel of three names and submit the same to the President who shall appoint one of them as the Chairman of the Akademi,” the court said.