Anil Dev Singh, J.

( 1 ) THIS writ petition has been placed before me in view of the difference of opinion between Mahinder Narain, J. and Cyriac Joseph,j. in regard to the question of validity of nomination of the third respondent as a Member and President of the All India Institute of Medical Sciences (for short aiims ), the second respondent. In the instant petition, the petitioners seek a direction in the nature of Quo Warranto declaring that Shri B. Shankranand, the third respondent is not entitled to hold or continue to hold office as the President-Member of the second respondent and as Chairman of its governing body. The writ petitioners further seek writ in the nature of Mandamus for restraining the third respondent from functioning as the President and the Member of the second respondent and as the Chairman of its governing body. There is also another prayer in the nature of a consequential relief for quashing the proceedings, deliberations and minutes of the meetings of the Institute Body and the Governing Body of the second respondent held on June 5, 1995 or of any subsequent date which were convened and presided over by the third respondent.

( 2 ) THE petitioners are registered societies under the Societies Registration Act and claim to be interested in promoting justice and law and purifying the system and its institutions. It is asserted that they have been actively campaigning for eradication of arbitrariness in State action and have been taking up issues to Courts which affect public at large. The petitioners in the instant petition, inter- alia, assail the continuance of the third respondent as the President and the Member of the second respondent.

( 3 ) HOW the third respondent came to hold the office of the President and the Member of the second respondent and the circumstances leading to the controversy may now be stated. In this regard two Notifications dated March 9, 1994 need to be taken note of. One was issued by the Central Government in pursuance of Clause (e) of Section 4 of the All India Institute of Medical Sciences Act, 1956 (for short the Act ). This Notification reads as under:-

"new Delhi, Dated the 9th March, 1994.

( 4 ) BY the other Notification of the same date, the Central Government in pursuance of Section 7 of the Act, nominated Shri B. Shankaranand, Minister of Health and Family Welfare and a Member of AIIMS to be the President of the Institute. Thus it is clear that when the aforesaid Notifications were issued the third respondent was the Minister of Health and Family Welfare.

( 5 ) ON December 22, 1994 the third respondent demitted the office of Minister of Health and Family Welfare. Thereafter the Secretary, Department of Health, Ministry of Health and Family Welfare by his letter dated December 28, 1994 to the third respondent pointed out that the Central Government had nominated the Union Health Minister, Govt. of India as a Member and as the President of the Institute Body of AIIMS and it was in that capacity that the third respondent was nominated. It was further pointed out that as a consequence of the third respondent having demitted the office of the Union Health and Family Welfare Minister, he ceased to be the Member and the President of the Institute Body of AIIMS from the date of demission of his office. It appears that after the receipt of the aforesaid letter, the third respondent for quite some time did not dispute the position taken in the aforesaid letter of the Secretary, Department of Health, Ministry of Health and Family Welfare. It was only on February 13,1995 that the third respondent addressed a letter to the Director of AIIMS in which it was inter-alia stated that he had been nominated as amember of the AIIMS under Section 4 (e) and not as an Ex-officio Member under clauses (a), (b) and (c) of Section 4 of the Act. It was pointed out therein that by having demitted the office of the Minister of Health and Family Welfare, he did not cease to be a Member and the

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