The RS Secretariat's response came in pursuance to the notice issued by the court on April 22 seeking response on the plea filed by an NGO challenging the validity of clause 6A of the Rajya Sabha Secretariat (Methods of Recruitment and Qualifications for Appointment) Order, 2009.
The Rajya Sabha has said that a PIL questioning the appointment of some senior officers in its Secretariat is not "maintainable and deserves to be dismissed with costs" in the Delhi High Court.
"The present petition as framed is not maintainable and deserves to be dismissed with costs. The dispute raised in the PIL relates entirely to selections and appointments made by Secretariat which is purely a service matter," Joint Director in Rajya Sabha Secretariat informed the bench headed by Chief Justice G Rohini.
Advocate Zubeda Begum, appearing for RS Secretariat, while filing an affidavit said, "The petition has not been filed bonafidely but for oblique purposes and to further interest of one S N Sahu, an in-service officer of the Secretariat who has already filed four petitions and 25 applications before this Court. PIL is, therefore, devoid of any merit or substance deserves to be dismissed with cost."
The RS Secretariat's response came in pursuance to the notice issued by the court on April 22 seeking response on the plea filed by an NGO challenging the validity of clause 6A of the Rajya Sabha Secretariat (Methods of Recruitment and Qualifications for Appointment) Order, 2009.
The PIL filed by Centre for Public Interest Litigation (CPIL) had also sought an order directing an inquiry into all the appointments made in Rajya Sabha Secretariat since 2008. RS Secretariat further said that the petitioner has not challenged the aforesaid rule and therefore, Clause 6A which flows from the '1957 Rules' is not open to challenge.
"All the persons appointed to the post of Joint Secretary and above since 2008 have distinguished and outstanding records and were eminently suitable to hold the post for which they were appointed," the affidavit states.
In April, the Supreme Court had asked the petitioner to approach the high court first saying, "In case the court below refused to entertain your plea, then come to us."
Alleging that there is absence of rules, the petitioner also sought a direction to the government to follow Lok Sabha Recruitment and Conditions of Service Orders, for making appointments, both through deputation and promotion, for the posts of joint secretary and above in the Rajya Sabha till the rules were framed.
The petition also sought direction to Chairperson of Rajya Sabha and RS Secretariat to frame detailed rules specifying method/qualification for appointment/promotion to the post of Joint Secretary and above in the RS Secretariat as has been framed for Lok Sabha Secretariat.
The plea, filed by advocate Prashant Bhushan, further sought direction to have an "independent inquiry conducted into all the discretionary appointments or appointments/ selections made through deputation/absorption in violation of the Rajya Sabha Secretariat (Methods of Recruitment and Qualification for Appointments) Order, 2009 in the RS Secretariat in the last few years and also the appointment of the CEO of RS TV channel."
Refuting the allegation raised in the PIL, Joint Director in RS Secretariat, said that the charge that appointment of Chief Executive Officer of the Rajya Sabha TV channel is arbitrary as no advertisement was issued, is false.
"In this regard, it is stated that CEO, RSTV is engaged on contract basis for a fixed period. The engagement does not carry with it any retirement or terminal benefits and engagement is terminable by a notice of three months by either side.
"It is further stated that appointments of professionals at such top level is best made through search cum selection method to induct the most suitable person for this job. CEO, RSTV was engaged based on his knowledge, experience, expertise, potential, coordination skills and capacity to deliver the results was able to set-up the channel in a record time of 18 months and the channel has since emerged as a top-rated channel in terms of sobriety, objectivity and fairness of contents and analysis with detailed discussions on Government policies, telecast of Rajya Sabha proceedings as its trademark goes to prove that the right person was chosen for the job of CEO, RSTV," the affidavit said.
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