- (1.)The petition impugns the appointment of the respondent no.3 Shri Mahesh Rangarajan as the Director of the respondent no.2 Nehru Memorial Museum and Library Society and further seeks a mandamus for selection / appointment of the Director of the respondent no.2 Society in accordance with the Rules of the respondent no.2 Society and after issuing an open advertisement and notifying the Employment Exchange regarding the vacancy. As on the date of filing of the writ petition, the respondent no.3 had not taken over charge of the post of Director (the term of earlier Director having not expired till then), the interim relief of restraining the respondent no.3 from assuming the post of Director was also claimed.
(2.)Notice of the petition and application for interim relief was issued. Pleadings have been completed and the hearing concluded on 8 th August, 2011. Since the respondent no.3 was to assume charge of the post w.e.f. 9 th August, 2011, while reserving judgment it was directed that the taking over of the charge by the respondent no.3 shall be subject to orders in this petition.
(3.)The respondent no.2 is a Society registered in or about the year 1966, under the Societies Registration Act, 1860 inter alia to take over the administration and management of the Nehru Memorial Museum and Library with all its assets and liabilities from the Ministry of Education, Government of India. As per the Rules & Regulations of the respondent no.2 Society, the property, movable and immovable of the Society and administration of its affairs vests in the Executive Council of the Society. The Rules and Regulations provide for the appointment by the Executive Council, with the prior approval of the Central Government, of a Director, to be the Principal Executive Officer of the respondent no.2 Society, responsible for the proper administration of the affairs of the respondent no.2 Society under the direction of the Executive Council.