Uttarakhand High Court Nullifies PTCUL Managing Director Appointment Over Qualification Breach
In a significant legal development from Dehradun, the Uttarakhand High Court has overturned the appointment of the managing director of the Power Transmission Corporation of Uttarakhand Ltd (PTCUL). The court ruled that the mandatory educational qualification stipulated under the Selection and Appointment of Managing Directors and Directors in the Three Corporations Rules, 2021, was not demonstrated to have been fulfilled.
Court Bench Allows Petitions and Delivers Verdict
A division bench comprising Justices Ashish Naithani and Subhash Upadhyay permitted three petitions, including a public interest litigation (PIL), which contested the appointment of Prakash Chandra Dhyani as the managing director. The court issued its judgment on Wednesday, bringing clarity to a contentious issue that has implications for corporate governance in state-run enterprises.
Core Dispute Over Rule 9A and Engineering Degree Requirement
The legal dispute primarily revolved around Rule 9A of the 2021 rules, which, following an amendment, explicitly mandates that candidates for the managing director position must possess an engineering degree. The petitioners strongly argued that eligibility conditions established under statutory rules cannot be weakened or bypassed through executive discretion. They emphasized that any assessment of "equivalence" to the required qualification must be grounded in objective evidence and formally documented prior to the appointment process.
Legal Arguments and Court's Directive
Kartikey Hari Gupta, the lawyer representing the petitioners, stated, "A graduate degree in engineering is an essential qualification for the MD of PTCUL. The High Court has set aside the appointment of Prakash Chandra Dhyani as MD of PTCUL and directed the state government to make an interim arrangement for the post until a regular selection is conducted in strict accordance with the rules." This directive underscores the judiciary's commitment to upholding regulatory frameworks and ensuring transparency in appointments to key positions.
Background of the Appointment and Implications
Prakash Chandra Dhyani was appointed as the managing director of PTCUL in September 2022. The court's decision to quash this appointment highlights the critical importance of adhering to prescribed qualifications in public sector appointments. It serves as a reminder that statutory rules are designed to maintain standards and fairness, and deviations from these rules can lead to legal challenges and reversals.
The ruling is expected to prompt a review of appointment processes in other state corporations to ensure compliance with similar regulations. The interim arrangement ordered by the court will provide temporary leadership while a new selection process is undertaken, aiming to fill the position with a candidate who fully meets the educational criteria as per the 2021 rules.
