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.) 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.