The Delhi High Court on Tuesday adjourned the hearing on a public interest litigation (PIL) seeking the removal of the Controller General of Patents, Designs and TradeMarks (CGPDTM).
A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela, which rose early for the day, posted the matter for hearing on November 18.
The plea filed by the All India Patent Officers’ Welfare Association (AIPOWA) alleged that the appointment was made in gross disregard to requisite eligibility criteria pursuant to an arbitrary selection process carried out without issuing an open advertisement.
Further, it sought a direction to the Union government for framing up recruitment rules for the post of CGPDTM to ensure transparency and accountability in appointment to the post.
The petition said that the incumbent CGPDTM was “not eligible” on account of lack of requisite experience and for not possessing ACRs/ APARs for 5 years required for being appointed on deputation in terms of the Department of Personnel and Training (DoPT) letter dated November 23, 2019.
“The appointment is also liable to be set aside as the process was arbitrary with the composition of Search Committee being changed abruptly after the first meeting; the new Search Committee proceeding without open advertisement in breach of DoPT OM dated 30.07.2007; and the appointment being directly made for 5 years in violation of DoPT OM dated 17.06.2010 which restricts initial appointment to three years with provision for extension of two more years,” added the plea, filed through advocate Gyanant Kumar Singh.
It stated that Professor P. Unnat Pandi should not be allowed to continue as CGPDTM as he is “ineligible and his appointment has been made in an arbitrary manner”.
The CGPDTM, as the administrative head of the IPR office in the country, performs statutory functions under the Patents Act, Trade Marks Act, Copyrights Act and Geographical Indications Act.