In a major relief to IAS Nidhi Chhibber, the Delhi court has dismissed a petition challenging her appointment as the chairperson of Central Board of Secondary Education (CBSE) by way of a “bureaucratic reshuffle.”
Justice Chandra Dhari Singh rejected the plea observing that the petition is nothing but a gross misuse of process of law.
The petition moved by Independent School Federation of India alleged that Chhibber did not fulfil the requisite terms and conditions for appointment to the position of CBSE Chairman.
Nidhi Chhibber is a 1994 batch IAS from Chhattisgarh cadre. She was appointed as CBSE chief in May 2022.
The petitioner urged the court to pass a direction for production of the entire record pertaining to the eligibility and experience of the officer.
An affidavit was submitted by Chibber submitting to the effect that she has worked in the Education department for a period of 48 months in the Cadre of Director and above.
Chibber's counsel submitted that the allegations made in the petition were incorrect and that she has the qualification and experience in the field of Education as per the criteria in the vacancy circular issued in 2015 for the post in question.
Perusing Chibber's affidavit, the court observed that prima facie, it was not satisfied with the averments made in the plea.
“In the instant case, this Court is not inclined to issue a writ of Quo Warranto, as no prima facie case is made out by learned counsel for the petitioner and the respondent no. 3 (Nidhi Chhibber) has the qualification to be appointed as the Chairperson, Central Board of Secondary Education.”