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Informist, Tuesday, Feb. 17, 2026

 

NEW DELHI – The Supreme Court Tuesday set aside a 2024 order by the Delhi High Court that had rejected a public interest litigation challenging the appointment of Unnat P. Pandit as the Controller General of Patents, Designs and Trade Marks. The apex court said that a writ of "quo warranto" was maintainable against the selection of Pandit and asked the high court to decide on the same expeditiously. 

 

Quo warranto is a legal writ or judicial remedy used to challenge an individual's right to hold a public office or franchise. It forces the incumbent to demonstrate the legal authority behind their position, preventing illegal usurpation of office and ensuring accountability in public administration. 

 

All India Patent Officers' Welfare Association, the petitioner, had said Pandit's appointment was "illegal" and "arbitrary". His appointment was in "gross disregard" to requisite eligibility criteria as per the mandate of the Department of Personnel and Training's office memorandum in 2007, it said. 

  

The association had said Pandit was not eligible on account of lack of requisite experience and for not possessing annual confidential reports and annual performance assessment reports for five years required for being appointed on deputation. Further, the appointment is also liable to be set aside as the process was arbitrary with the composition of the search committee being changed abruptly after the first meeting, said the petitioner. The new search committee proceeded without an open advertisement in breach of the 2007 office memorandum, it said. The appointment was directly made for five years in violation of the 2010 office memorandum which restricts initial appointment to three years with provision for extension of two more years, it added.

 

In 2022, the Appointments Committee of the Cabinet had approved the appointment of Pandit to the post of controller general on deputation for five years. In 2024, a committee set up by the Ministry of Commerce and Industry had indicted Pandit for alleged "administrative lapses" in the purchase of 1,200 personal computers at an inflated cost of INR 99.98 million. Despite the indictment, Pandit continued to be the controller general. According to media reports, the commerce ministry had then withdrawn crucial financial and administrative powers of Pandit.

 

In its order, the high court had noted that there were no rules or regulations for appointment to the post in question. The high court had said that it was a service dispute, and according to the apex court's previous rulings, cases falling under certain categories including "service matter and those pertaining to pension and gratuity" should not be entertained as public interest litigation.  

 

The Controller General of Patents, Designs and Trade Marks is responsible for supervising the working of the Patents Act, 1970, the Designs Act, 2000, and the Trade Marks Act, 1999. The controller general also advises the government on matters related to these Acts.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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