Veterans Forum for Transparency in Public Life v. Union of India and Ors.

Delhi High Court · 13 Dec 2021 · 2021:DHC:4160-DB
D. N. Patel; Jyoti Singh
W.P. (C) 14188/2021
2021:DHC:4160-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed the respondents to expeditiously consider the petitioner's grievances regarding the Bureau of Indian Standards' statutory functions without granting substantive relief, disposing of the PIL with liberty for further remedies.

Full Text
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W.P. (C) 14188/2021
HIGH COURT OF DELHI
Date of Decision: 13th December, 2021
W.P.(C) 14188/2021
VETERANS FORUM FOR TRANSPARENCY IN PUBLIC LIFE
THROUGH: ITS GENERAL SECRETARY ..... Petitioner
Through: Mr. Rabin Majumder and Ms.Akansha Srivastava, Advocates.
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Gaurang Kanth, Central Government Standing Counsel with
Ms. Rupali Kapoor, Government Pleader, Ms. Biji Rajesh and
Mr.Shreesh Chadha, Advocates for R- 1 to 4 and 7.
Mr. Anil Kaushik, Ms. Shashi Sharma, Mr. Rajat Rana and Mr.Alok, Advocates for R-5.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPLs. 44720/2021, 44721/2021 (Exemptions)
Allowed, subject to all just exceptions.
Applications stand disposed of.
W.P.(C) 14188/2021 & CM APPL. 44719/2021 (Directions)

1. Present Public Interest Litigation has been preferred seeking the following reliefs: 2021:DHC:4160-DB

“I. To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing the Respondent NO. 5 i.e. Bureau of Indian Standards to discharge, perform, function its statutory obligations in terms of Bureau of Indian Standards Act 2016 with respect to standardisation, conformity assessment and quality assurance of Services and for matters connected therewith or incidental thereto.

II. To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing the privately held Companies/Institutes being private Respondents like BARC (Respondent No. 8) and Other private institutions to be refrained forthwith to perform statutory function of Bureau of Indian Standards.

III. To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing the Union of India (Respondent No. 1) to take appropriate steps to provide for the establishment of a national standards body for the harmonious development of the activities of standardisation, conformity assessment and quality assurance of Services and for matters connected therewith or incidental thereto.

IV. To issue an appropriate writ(s), order(s), direction(s) in

(Respondent No. 1) to take appropriate steps to establish the Bureau of Indian Standards (BIS) as the National Standards Body of India in order to bring under compulsory certification regime any Service which it considers necessary in the public interest or for the protection of human, animal or plant health, safety of the environment, or prevention of unfair trade practices, or national security.

V. To issue an appropriate writ(s), order(s), direction(s) in

(Respondent No. 1) to take appropriate steps to appoint any authority/agency, in addition to the BIS, to verify the conformity of products and services to a standard and issue certificate of conformity.

VI. To issue an appropriate writ(s), order(s), direction(s) in

(Respondent No. 1) to take appropriate steps to take over the BARC Board (Respondent Nos. 8 to 10 et al) who would in effect assist the Respondent Govt. authorities (BIS, Respondent No.5) with appropriate inputs via independent System Audit in respect of television audience research and management Services.

VII. To issue an appropriate writ(s), order(s), direction(s) in

(Respondent No. II) to consider to direct to absolve the BARC Board etc. and replace with its own in-house mechanism as per provisions and mandates of BIS Act and Rules under the aegis of the Respondent No. 5 (BIS) in conformity with BIS Act 2016 and BIS Rules 2018.

VIII. To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing the Union of India (Respondent No. 1) to effect as to that the Accreditation/Certification on any Services by Respondent No. 5 in respect of setting and/or certifying the character and/or quality of any Services.

IX. To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing Ministry of Consumer Affairs to issue guidelines to all the Ministries and departments for assessment of Government services and certification of activities of them, organsiation working under them to get their activities assessed / certification done through said National Body i.e. BIS only.

X. To issue an appropriate writ(s), order(s), direction(s) in the nature of writ of mandamus directing the all such stakeholder institutions not to use the standards of International Bodies for Government activities where BIS standards are available to save outflow of money and thus lessening burden of exchequer and to save foreign currency outflow. Pass such further or other order or orders be made and/or direction or directions as this Hon'ble High Court may deem fit and proper.”

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2. Learned counsel appearing on behalf of the Petitioner, at the outset, submits that he is not pressing reliefs sought in prayers I, II, V, VI and VII. Learned counsel, on instructions, submits that suffice would it be for the disposal of the present writ petition, if a suitable direction is given to the Respondents to dispose of the representation dated 17.08.2021 (Annexure P-3 to the memo of this petition) preferred by the Petitioner, within a time bound manner, keeping in mind the Preamble of the Bureau of Indian Standards Act, 2016 as also the averments, allegations and the grounds set out in the present writ petition.

3. In view of the aforesaid submission, we hereby direct the concerned Respondents to look into the grievances ventilated by the Petitioner in the representation dated 17.08.2021 as well as the present writ petition, in accordance with law, rules, regulations and Government policies, keeping in mind the Preamble of the Bureau of Indian Standards Act, 2016, as expeditiously as possible.

4. At this stage, learned counsel appearing on behalf of Respondent No.5 submits that copy of the writ petition has not been supplied to the said Respondent. Let a copy of the writ petition be made available to learned counsel for Respondent No.5 by the Registry.

5. With these observations, writ petition along with pending application is hereby disposed of.

6. Liberty is reserved with the Petitioner to resort to appropriate remedies, in accordance with law, in case of any surviving grievance.

CHIEF JUSTICE JYOTI SINGH, J DECEMBER 13, 2021