Patent chief's selection: Protocol bent in national interest, govt tells SC
NEW DELHI: Countering the allegations of "backdoor appointment" of Unnat P Pandit as the controller general of patents, designs and trademarks (CGPDTM), who was not allegedly qualified for the post, the Centre told Supreme Court the reason for not following the standard recruitment protocol of issuing an advertisement for the post was due to national interest and institutional exigency.
The Centre filed an affidavit in the apex court in response to the allegations by All India Patent Officers' Welfare Association (AIPOWA) which sought quashing of the appointment for being illegal and it said appointment to the post of CGPDTM has been done in accordance with duly established rules and regulations for appointment by Appointments Committee of Cabinet.
It said public advertisement was first published and applications were invited in 2020 but none of the applicants was qualified for the post which remained vacant. Thereafter, the search panel invoked its inherent discretion to identify a panel of names having background in science or degree in engineering and in law and who demonstrated domain expertise in IPR.
"It is noteworthy that this departure from the standard recruitment protocol was a considered and reasoned administrative response taken in view of institutional exigency and national interest," it said.
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It said public advertisement was first published and applications were invited in 2020 but none of the applicants was qualified for the post which remained vacant. Thereafter, the search panel invoked its inherent discretion to identify a panel of names having background in science or degree in engineering and in law and who demonstrated domain expertise in IPR.
"It is noteworthy that this departure from the standard recruitment protocol was a considered and reasoned administrative response taken in view of institutional exigency and national interest," it said.
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Top Comment
P
P C N Raghupathy
3 days ago
>> When the selection committee has failed to re-advertise for the post of CGPDTM, then whether such act of inherent discretion to identify a panel of names by including the name of present CGPDTM will amount to violation of principles of fair recruitment and being arbitrary or discriminatory ? >> If the SC endorse this kind of invoking inherent jurisdiction on seeing the disqualified candidates after advertisement of recruitment, then it will facilitate for every selection committee to select desired candidate in accordance with their own 'whims and fancies'.Read allPost comment
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