COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The dispute in this writ petition is regarding the right of respondent No.3, Shri B. Shankranand to be the Member and the President of the All India Institute of Medical Sciences, New Delhi (respondent No. 2) and to be the Chairman of its Governing Body. The petitioners are (1) Common Cause (a registered society under the Societies Registration Act), through its director Shri H.D. Shourie, having its registered office atA-31 West End, New Delhi-110021, and (2) Forum for Justice and Peace (a registered society under the Societies Registration Act), through its Hon. General Secretary Shri Satish Sehgal, having its registered office at B-4/46, Safdarjung Enclave, New Delhi. The respondents are (1) Union of India through its Secretary Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi, (2) All India Institute of Medical Sciences, through its Director, Ansari Nagar, New Delhi-110029 and (3) Shri B. Shankranand, Member of Parliament, 8, Tees January Marg, New Delhi.

(2.) According to the petitioners, Shri B. Shankranand, the then Minister for Health and Family Welfare was nominated on 9th March, 1994 to be a member of the All India Institute of Medical Sciences, New Delhi (hereinafter referred to as 'the Institute') by the Central Government in exercise of its powers under clause (e) of Section4of the All India lnstitute of Medical Sciences Act, 1956 (for short called 'the Act'). On 9th March, 1994 itself Shri B. Shankranand, Minister for Health and Family Welfare and a member of the Institute was nominated to be the President of the said Institute by the Central Government in exercise of its powers conferred by Subsection ( 1) of Section 7 of the Act. Sub-section (3) of Section 10 of the Act says that the President of the" Institute shall be the Chairman of the Governing Body of the Institute. Hence, having been nominated to be the President of the Institute, respondent No. 3 has been functioning as the Chairman of the Governing Body.

(3.) According to the petitioners, the nomination of respondent No.3 as the Member and the President of the Institute was "by designation" and in his capacity as Minister for Health and Family Welfare. Since respondent No.3 ceased to be the Minister for Health and Family Welfare on 22nd December, 1994 he automatically ceased to be a Member and the President of the Institute. It is also alleged by the petitioners that though respondent No.3 was himself aware of this position and had confirmed this position to various high ranking officers of respondent No. I including Shri M.S. Dayal, Secretary, Department of Health, Ministry of Health and Family Welfare, he subsequently changed his stand and was not prepared to relinquish the offices of Member and President of the Institute. According to the petitioners, respondent No.3 has no academic or any other qualification to make him a deserving candidate to hold the crucial, responsible and prestigious position of the Member / President of the Institute and it would be ridiculous to contend that respondent No.3 had been nominated in his personal capacity as the Member and the President of the Institute. The petitioners contend that they are entitled to seek a declaration that respondent No.3 ceased to be a Member/President of the Institute with effect from 22nd December, 1994 i.e. the date on which he ceased to be the Minister for Health and Family Welfare.