B S MINHAS Vs. INDIAN STATISTICAL INSTITUTE

JUDGEMENT

(1.) 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.) ACCORDING to the petitioner he was a Distinguished Scientist of the Institute at the relevant time. To start with, he was appointed to the post of Economist in the Indian Statistical Institute on 1/10/1962 on a monthly pay of Rs. 1000.00 in the time scale of Rs. 750-50-1250 plus special pay of Rs. 350.00 per month. Within a year he was promoted as Professor in the time scale of Rupees 1000-50-1500 with a starting pay of Rs. 1400.00 per month, and from 1/10/1967 he had been holding the post of Research Professor in the time scale of Rs. 1600-100-1900. On 1/01/1968 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 in Delhi. He was given a special allowance of Rs. 200.00 per month over and above the pay in the time scale of Research Professorship. The petitioner has been responsible during the period 1962-1974 for the creation and promotion of several new activities of respondent No. 1 in Delhi. Specialised training in National Planning and Econometrics for M. Stat. (2nd Year) trainees of respondent No. 1 was started in Delhi under the direction of the petitioner. In August 1974 the petitioner was designated as Head of the Delhi Centre and was also appointed to the Institute's Committee of Administration. On 12/03/1976 he was elevated to the position of 'Distinguished Scientist' with pay of Rs. 3000.00per month plus allowances. The petitioner has held responsible positions as Visiting Professor, Fellow, Chairman, Consultant, Research Associate, Lecturer etc. in various Universities in India and in the United States of America and England. He has been a member of the Planning Commission, Government of India from January 197 1/12/1973 and he has also been a member of the Sixth Finance Commission from July 197 2/10/1973. The petitioner's work has been acclaimed in the international as well as national spheres. His work is rated high as evidenced by the award of Dadabhai Nauroji Memorial Prize for Economics in 1974 and the Jawaharlal Nehru Memorial Fellowship in 1975. In 1976 the petitioner had the distinction of presiding over the annual conference of the Indian Society of Agricultural Economics. People abroad have also conferred recognition on the petitioner.