SHIVANAND Vs. STATE OF KARNATKA

JUDGEMENT

(1.) The appellant has challenged in this writ appeal the order passed by the learned Single Judge upholding the appointment of the 3rd respondent as Director of Indira Gandhi Institute of Child Health, Bangalore.

(2.) The Indira Gandhi Institute of Child Health, Bangalore, the 4th respondent in this appeal, is a society registered under the provisions of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Institute'). It is established to promote, establish, maintain and develop an institute for child health with a view to provide relief and treatment and advanced care to children and to encourage and promote research and training in child health and for such other purposes. It is an autonomous institute and its registered office is at South Hospital Complex, Dharmaram College Post, Near NIMHANS, Bangalore 29. The administration of the institute is vested with the Governing Council consisting 12 members. The minister for Health and Family Welfare, Government of Karnataka and the Mayor of the City Corporation of Bangalore are patrons of the institute. The institute has framed its own Rules and Regulations. It has also framed General Bye-laws by virtue of the power conferred under Rule 13(3) and (4)(b) of the Rules. Under the General Bye-laws, the appointing authority in respect of the post of Director, is the Governing Council. The Governing Council means the Governing Council of Indira Gandhi Institute of Child Health, Bangalore. The Bye-laws provide for constitution of Selection Committee to make recommendations to the Appointing Authority for recruitment to the various posts in the Institute. The Selection Committee for the post of Director consists of the Chairman of the Governing Council who is also the Chairman of the Selection Committee, the Vice-Chairman of the Governing Council, the Director of Medical Education, two experts in the concerned subject to be nominated by the Governing Council and the Director, IGICH, where Director himself is not a candidate. The Selection Committee shall decide its own procedure for conducting the selection. It shall prepare a panel of names in the order of merit.

(3.) The Institute issued a notification dated 29.11.2006 as per Annexure-G inviting applications from the eligible candidates in the prescribed form to fill up the post of Director in the Institute. The notification clearly stated the number of post, as one, and it is an unreserved post. In response to the aforesaid advertisement, 7 candidates including the appellant and the 3rd respondent submitted their applications. Their applications were scrutinised. Only 6 out of 7 applicants were found to be eligible. As per Clause 12(4) of the General Bye-laws of the Institute and Clause 13 of the notification, the selection committee shall decide its own procedure for conducting selection and to prepare a panel of names in the order of merit. Therefore after detailed discussion, the committee decided that the procedure for selection would by awarding up to 85 marks for academic qualifications and other criteria/parameters as detailed below: <FRM>JUDGEMENT_193_KCCR1_2010Html1.htm</FRM>