BENGALURU:The High Court on Tuesday issued notice to the Union government on public interest litigation (PIL) seeking directions to remove IAS officer Rajiv Aggarwal as Registrar and Controller of General Patents, Designs and Trademarks.
Hearing a petition filed by a city-based advocate Laxmikantha K B, a division bench headed by Justice N Kumar issued notice to the Ministry of Commerce and Industries and Aggarwal, who was appointed to the post on March 15.
The petitioner claimed that Aggarwal’s appointment was without authority and contrary to the spirit of the law. Aggarwal does not have the requisite qualification for the said post and hence, his appointment is liable to be quashed.
Laxmikantha contended that the power of the Registrar of trademarks in the matter of registration of trademark is certainly judicial in nature.
It includes recording evidence on oath, enforcing attendance of witnesses, compelling discovery of witnesses and documents and issuing commissions for examination of witnesses, etc. Therefore, persons with necessary qualifications should be appointed to the post, he contended.
The appointment is contrary to the rule laid down by the apex court.
Aggarwal is not competent to hold the post of Registrar under Section 3 of the Trademarks Act, 1999, Laxmikantha argued.
Aggarwal is a 1993-batch Uttar Pradesh cadre IAS officer. He holds a Bachelor of Engineering degree and does not have any specialised qualification to discharge the duties as Registrar of Trademarks.
Previously, the post was held by IAS officer Chaitanya Prasad, the petitioner said.