Ahmed Rasheed Siddiqui v. Indian Red Cross Society

1. This writ petition has been preferred as a Public Interest Litigation ^ with the following prayers: w "(a) to issue a writ cfmandamitsd or ariy other appropriate writ or direction or order directing the Managing Body ofthe Indian Red Cross Society, respondent Nod to nominate and electits membersstrictlyin accordance with Section 4B ofthe Indian Red cross Society Acti.e. onlyfor two years atthefirst instance and notfor more than two terms as provided in the Act; (h) to issue a writ ofmandamus or any appropriate writ or direction or order directing the Managing Body of the respondent society select its Secretary General strictly in accordance with the procedure as prevailed before 2005 and W.P.(C)8724/2018 ^ 2019:DHC:7714-DB ■W as per essential qualifications and conditions which were required before 2005 as mentioned in Annexure P-19 which are as under: (1) Degree in Medicine/public administration/social sciencesfrom a recognized university (2) With at least ten years experience in related works which inter alia includes humanitarian/charitable/relief work, (3) proven managerial ability in assignments of significant status (4) minimum age 50years and maximum age 60years.

(c) to issue a writ of certiorari[or any appropriate writ or direction or order quashing the advertisement dt.26.06.2018 (Annexure P~18) calling for applications for the post of the Secretary General in the respondent society as the same has modified conditions of appointment in violation of Section 5 (2) of the Indian Red[ Cross Society Act, 1992 and which conditions violate the^ cohdUicgis: of appointment which prevailed before 2005;, i (

(d) To issue a writ of mandamus^ or any other appropriate writ, direction, ordey directingffbefm of the respondent No.1 socidfii toff^cmgrehonable limitation ofage and tenure qfcfdcefor tfe:^e:bearers of the respondent society such as Secretary General and the Treasurer whose maximum age limit should not be more than 65 years and rules in this conneciiofi should beframed in accordance wit theprovisions oftheAct, especially Section 5(2) ofthe Act; (e) To issue a writ ofmandamus or any other appropriate writ, direction, order directing the management of the respondent No.l society to remove Shi M.P.Gupta, aged about 85 years from the post ofTreasurer; (f) This Hon'ble Court be pleased to institute a Special Investigation Team to inquire into the affairs ofthe respondent society, especiallyfinancial ones, and submit a report before this Hon 'ble Courtforproper remedial action; Page 2 of[4] W.P.(C) 8724/2018 -0 (g) To pass any such writ, direction, order that this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Having heard the counsel for both sides and looking to the facts and circumstances ofthe case,it appears that the petitioner is in search ofproper implementation ofIndian Red Cross Society Act, 1920(hereinafter referred to as 'the Act of 1920') and the rules made therein especially for the appointment ofthe Secretary and other office bearers ofIndian Red Cross Society.

3. Accordingly, we hereby direct the respondents to follow the Indian Red Cross Society Act,1920 for the appointment ofthe Secretary and other office bearers of Indian Red Cross Society, especially looking to the eligibility qualifications, terms;and tenure;/and the prescribed age criteria. As and when such appointmerits/are being,made,the Act of1920 and rules made therein shall be strictly followed,jiy the respondents.

4. Learned counsel appearing for submitted thatthere is no presumption thatthe resboncidnts'^m^ the aforesaid Act of

1920. As and when such breach is pointed out to the respondents, the actions will be initiated by the respondents in accordance with law, rules, regulations and Governmentpolicy applical3letothefactsofthe presentcase and the provisions ofthe Act,especially,the rules madethereunder shall be scrupulously followed.

5. With the aforesaid observations,this writ petition is hereby disposed of. W.P.(C)8724/2018 ^ CM APPLs.33497-33498/2018(5/flv)

6. In view of the final order passed in W.P.(C) 8724/2018, these applications stand disposed of.

CHIEF JUSTICE C.IIARISHANKAR,J DECEMBER 02,2019 ns W.P.(C)8724/2018 Page4of[4]