HEALTH INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue raised in this petition which is filed in the nature of public interest litigation relates to the appointmentof the Director of All India Institute of Medical Sciences (for short 'the Institute'). In fact the petitioner has challenged orders dated 21st April, 1999 and 19th June, 2001 vide which the tenure of the respondent No.3 as Director of the Institute was extended twice. These extensions are challenged by the petitioner alleging that the same are contrary to the provisions contained in the All India Institute of Medical Sciences Act, 1956 (hereinafter referred to as "the Act') as well as Rules and Regulations framed under the said Act. Before we embark upon the controversy which is raised in this petition, it would be apposite to have background material which shall enable us to appreciate the controversy more appropriately.

(2.) The All India Institute of Medical Sciences Act is a Central enactment which came into existence in the year 1956, with the objectives to develop patterns of teaching in undergraduate and postgraduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in India and to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of health activity as also.to attain self-sufficiency in postgraduate medical education. It is one of the premier institutions in the country.

(3.) As per Section 3(2) of the Act, the Institute shall be a body corporate by the name "All India Institute of Medical Sciences', having perpetual succession and a common seal. Section 4 provides for Composition of the Institute and stipulates the persons who would be members thereof and includes the Director of the Institute as ex-officio member. Section 10 provides that there shall be a Governing Body of the Institute which shall be the executive committee of the Institute and shall exercise such powers and discharge such functions as the Institute may, by regulations made in this behalf, confer or impose upon it. In addition, the Institute may constitute as many Standing Committees and as many adhoc committees as it thinks fit for exercising any power or discharging any function of the Institute or for inquiring into, or reporting or advising upon, any matter which the Institute may refer to them [Section 10 (5)]. Section 11 provides for the Staff of the Institute and reads as under s