JUDGEMENT
UDAY UMESH LALIT,J. -
(1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 07.12.2011 passed by the High Court of Delhi dismissing Writ Petition (Civil) No.7577
of 2011, which had questioned and sought quashing of orders granting
extension of tenure to Respondent No.4 Ms. Anju Banerjee as
Chairman -cum -Managing Director, Educational Consultants India Limited,
for a period of 5 years i.e., upto 28.11.2015.
(3.) Educational Consultants India Limited (Ed.CIL, for short) was conceived and incorporated as a Public Sector Enterprise by the Government
of India in 1981 under the Ministry of Education and Culture (reconstituted
as the Ministry of Human Resource Development since then). The Ed.CIL
offers consultancy and technical services in different areas of Education and
Human Resource Development not only within the Country but also on
global basis. The Ed.CIL is category 'C' Central Public Sector Undertaking.
The procedure with regard to appointments to posts in categories 'C' and 'D'
of Public Sector Enterprises has been prescribed by Office Memorandum
dated 03.04.2001, whereby the Appointments Committee of Cabinet has
delegated its power in relation to appointments, to Administrative
Ministries/Departments Public Sector Undertakings. According to the
procedure prescribed, Public Enterprises Selection Board (hereinafter
referred to as PESB) a high powered body constituted by the Government of
India to advise the Government on appointments to top managerial posts, is
involved in the selection process. The policy of the Government of India is
to appoint outstanding professional Managers to levels 1 and 2 posts and
such other posts as the Government may decide from time to time, through a
fair and objective selection procedure.;
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