Justice Suresh Kait asked the government to fill the post saying "the work has been suffering as the post is lying vacant since 2006."
Allowing the plea of Sudhir Hilsayan, an applicant for the post, the court directed the government to appoint the petitioner as the editor of magazine "Samajik Nyay Sandesh."
"The work of the respondent (foundation) has been suffering since 2006. Neither they are able to upgrade the post, nor prepared to give the appointment to the petitioner," the court said.
Hilsayan had sought a direction to the government to appoint him editor, claiming in his plea that he had come to know through RTI applications that he had topped among all the applicants for the post in 2009 but no appointment was made and the post is still vacant.
The court accepted his argument that he fulfilled all requisite criteria and also that he had worked as editor, on contract basis, for the collected work of Baba Saheb Ambedkar (CWBA), original writings of Ambedkar, for period 2007-2011.
"There is nothing against the petitioner that either he does not fulfil the educational qualification or experience. The only reason is that respondents want better person to be selected. If they would have succeeded then there was no occasion to interfere by the court.
"The respondents (govt and foundation) tried their best to get the upgradation of the post of editor, however, they failed at the door of Department of Expenditure, Ministry of Finance and their own door. Therefore, I find no justification in keeping the post vacant, which is lying vacant since 2006, which is neither in public interest nor in the interest of the respondents," the court said.
