( 1 ) LEAVE granted.

( 2 ) WE are conscious of the fact that the impugned order is only an ad interim one passed by the Division Bench of the Delhi High Court on 19/10/1995. But keeping in view the importance of administration of All India Institute of Medical Sciences which is a premier and prestigious institution in the country, its smooth functioning and efficient management would be the primary and sole concern of every one including Judiciary when its intervention is deemed expedient. The Director remains in day the question would be whether the president could be justified to pass the order under these circumstances. It is seen that in 1974 seniority list, produced by Dr. Kacker, he is the senior most and the appellant is the second senior most. In our considered view that since Dr. Kacker has already held the office of the Director and the Institute Body had already decided not to reappoint him except through the process of selection, by necessary implication, he would not be considered to be appointed even as interim Director pending regular appointment under Rule 7 (3) of the Rules. The consequence would be that the appellant being the next senior most in order, it would a