The Delhi High court has rejected a plea that challenged the appointment of Nidhi Chibber as Chairperson of the Central Board of Secondary Education (CBSE).
The plea filed by the Independent School Federation of India was dismissed by the single-judge Bench of Justice Chandra Dhari Singh after noting that Chibber fulfilled the criteria for the post.
The High Court observed that in the current case, it cannot issue a writ of Quo Warranto, as no prima facie case was made out against the petitioner.
The Court mentioned that Chibber (respondent no. 3) had the qualification to be appointed as the Chairperson of the Central Board of Secondary Education.
The court said that in view of the foregoing discussion, it was of the view that the instant writ petition filed by the petitioner was nothing, but a gross misuse of process of law.
The petitioner 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.
The Counsel for Chibber contended that argued that she has experience and qualifications as per the vacancy circular issued.
The Court considered the case and held that no case was made out to remove the Chairperson from her post.
The Independent School Federation of India was represented by Advocate Ravi Prakash Gupta, whereas the Central government was represented by Central Government Standing Counsel Manisha Agrawal Narain with Advocate Shivangi Gumber.
CBSE was represented through its Standing Counsel MA Niyazi as well as Advocates Anamika Ghai Niyazi, Kirti Bhardwaj, Nehmat Sethi and Arquam Ali.