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SUPREME COURT OF INDIA
P.N. BHAGWATI AND R.B. MISRA, JJ.
B. S. Minhas, Petitioner
Versus
Indian Statistical Institute and others, Respondents.
Writ Petn. No. 1519 of 1979
Decided on 19-10-1983.
Advocates appeared
Mr. V. M. Tarkunde, Sr. Advocate, M/s P. H. Parekh and Miss Caprihan, Advocates, for Petitioner; Mr. R. K. Garg, Sr. Advocate, Mr L. R. Singh and Mr. Gopal Singh, Advocates with him, (for Nos.1 and 2); Mr. D. P. Singh, Sr. Advocate, Mr. L. R. Singh and Mr. Gopal Singh, Advocates with him,(for Nos 3. and 4); Mr. Harbans Lal, Sr. Advocate, Mr. G. S. Narain, Advocates with him, (for No. 5) for Respondents; Miss A Subhashini, M/s C. V. Subba Rao and R. N. Poddar, Advocates, for Union of India.
Constitution of India, 1950 - Article 12 - Indian Statistical Institute Act, 1959 - Section 8 , 4, 7 and 11 - Societies Registration Act - Companies Act, 1956 - Distinguished Scientist – Pay scale - Petitioner he was a Distinguished Scientist of Institute at relevant time - To start with, he was appointed to post of Economist in Indian Statistical Institute on a monthly pay in time scale plus special pay per month - Within a year he was promoted as Professor in time scale with a starting pay per month, and from he had been holding post of Research Professor in time scale - On he was made Officer-in-Charge and entrusted with all technical matters, administration and developmental plans relating to planning and regional survey units and training - He was given a special allowance per month over and above pay in the time scale of Research Professorship - Petitioner was designated as Head of Delhi Centre and was also appointed to Institutes Committee of Administration - On he was elevated to position of Distinguished Scientist with pay per month plus allowances - Petitioner has held responsible positions as Visiting Professor, Fellow, Chairman, Consultant, Research Associate, Lecturer etc. in various Universities in India and in United States of America and England - Held, There is no provision for publicity in case of constitutional posts of the Judges of SC and High Courts and Comptroller and Auditor-General of India - Rather in very nature of things, they cannot be and are not publicised - But in case of appointment of a Director, bye-law 2 clearly provides for publicity and it can only be with object that all concerned may know about vacancy and either applications or recommendations may be made for post and names of the eligible candidates may be brought before selection committee for its consideration - Nor was the information published in journal of respondent No. 1 - There was clearly a breach of bye-law 2 in making appointment of respondent No. 4 and there was no adequate material before the Council on basis of which members could apply their mind for determining as to whether they should approve recommendation of selection committee in regard to appointment of respondent No. 4 - This will however not in any way affect validity of any action already taken by respondent No. 4 as Director nor will it involve him in any liability to refund any excess remuneration received by him in his capacity as Director- Before respondent No. 1 proceeds to select a new Director, it will comply with requirement of bye-law 2 by giving suitable publicity to vacancy in office of Director - Petition allowed.
JUDGMENT
MISRA, J. :—By the present petition under Article 32 of the Constitution the petitioner seeks to challenge the appointment of Shri B. P. Adhikari, respondent No. 4, as the Director of the Indian Statistical Institute, respondent No. 1.
2. The Indian Statistical Institute is a Society registered under the Societies Registration Act. It is governed by the Indian Statistical Institute Act, 1959 (hereinafter referred to as the Act). Its control completely vests in the Union of India, respondent No. 5. It is wholly financed by the Union of India. All the functions of the Institute are controlled by the Union of India, as is evident from the various provisions of the Act. Under Section 8 of the Act the annual work programmes of the Institute and the general financial, estimates in respect of such work are settled by committees appointed by the Central Government and the Institute obviously cannot undertake any research or training programmes without the approval of the Central Government. The Institute carries on an integrated programme of training, teaching and research in statistics and application of statistical techniques in other disciplines. The Institute has been declared as an Institution of National Importance under the Act. Under S. 4 of the Act the Institute has been empowered to grant such degrees and diplomas in statistics as may be determined by the Institute from time to time. In accordance with the provisions of S. 5 of the Act the Central Government pays to the Institute in each financial year such sums of money as the Government considers necessary by way of grant, loan or otherwise to enable the Institute to discharge efficiently its functions including research, education, training, project activities and satistical work relating to planning for national development. Section 6 of the Act deals with audit of accounts of the Institute by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 and selected by the Central Government after consultation with the Comptroller and Auditor-General of India. Section 7 of the Act restricts the powers of the Institute to alter, extend or abridge its memorandum or rules and regulations and to sell or otherwise dispose of its property acquired with the money specifically provided for such acquisition by the Central Government except with the previous approval of the Central Government. Section 9 empowers the Central Government to constitute a committee, inter alia, for reviewing and evaluating the work done by the Institute and the progress made by it as also advising Government generally on any matter which in the opinion of the Central Government is of importance in connection with the work of the Institute. Section 11 of the Act empowers the Central Government to issue directions to the Institute. Section 12 authorises the Central Government to assume control over the Institute under certain extreme circumstances.
3. The Institute receives grants from the Central Government to meet almost the entire expenditure on its plan and non-plan activities. The chief executive body of the Institute is the Council, respondent No. 2, consisting of 25 members including three representatives of the Central Government. The Council is headed by the Chairman elected to that position by the Council by a simple majority from amongst the names proposed by the President or members of the Council. The election of the Chairman of the Council is governed by bye-laws of the Institute.
4. The initial appointment to carry but research and teaching work is to the post of professor. The next post in the hierarchy is of Research Professor and the highest in the hierarchy is the post of Distinguished Scientist. In order to discharge the administrative and academic responsibilities of the Institute, a Director, with distinctive administrative and academic acumen, is appointed by the Council, respondent No. 2. Shri B. P. Adhikari, respondent No. 4, was appointed as the Di
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