IAS Officer Nidhi Chhibber Has Qualification To Be Appointed As Chairperson Of CBSE: Delhi High Court Dismisses Quo Warranto Writ

The Delhi High Court held that the Third Respondent, namely IAS Officer Nidhi Chibber has the required qualifications needed to be appointed as the Chairperson of the Central Board of Secondary Education (CBSE).

The Court dismissed a Quo Warranto Writ Petition challenging the appointment of the Third Respondent, whereby the Petitioner contended that the Third Respondent had not fulfilled the requisite terms and conditions for appointment to the said position.

Justice Chandra Dhari Singh observed, “Upon perusal of the Annexure R-5 to respondent no.3’s short affidavit, this Court, prima facie, is not satisfied with the averments made in the instant writ petition. Since, the respondent no. 3 fulfills the said criteria of being eligible to the said position as per the executive record sheet of the respondent no. 3 filed as Annexure R-5 to respondent no.3’s short affidavit”.

Advocate Ravi Prakash Gupta appeared for the Petitioner and Chief Government Standing Counsel Manisha Agrawal Narain appeared for the First and Second Respondents. Standing Counsel M.A. Niyazi appeared for CBSE and Advocate Nehmat Sethi appeared for the Third Respondent.

The Petitioner had asserted that the Third Respondent was appointed as Chairman of CBSE by way of a bureaucratic shuffle but that the Third Respondent had not fulfilled the requisite terms and conditions. The Petitioner, therefore, preferred a Writ Petition challenging the appointment of the Third Respondent. The Court, in its previous order, had directed the Third Respondent to submit the requisite documents regarding the qualification of a person to be appointed to the said position.

The Court cited the Supreme Court’s Judgment in the case of Gambhirdan K. Gadhvi v. State of Gujarat [(2022) 5 SCC 179] and noted that prima facie the averments made were not sufficient. The Court held that the Third Respondent fulfilled the criteria for being eligible for the said position.

Accordingly, the Court dismissed the Writ Petition.

Cause Title: Independent School Federation Of India & Anr. v The Union Of India & Ors

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