TEJINDER KAUR Vs. UOI

JUDGEMENT

(1.) The petitioner in these writ proceedings under Articles 226 of the Constitution seeks a direction to quash bye-laws 32-B and 32-C of the National Institute of Public Cooperation and Child Development ("NIPCCD"). The latter is a registered Society, under the control of the first respondent (hereafter referred to as "Central Government").

(2.) It is averred that the supreme body of NIPCCD is the General body which has to finalize annual reports, and elect officers and members of the Executive Council. These Annual General Meetings are public functions and are held once a year after giving 21 days written notice to the Members. The Executive Council of NIPCCD, under its Constitution has to meet at least twice a year. Its powers and duties include supervision of Management and Administration of the NIPCCD in accordance with Rules and Bye laws, lay down broad policies; review and sanction budget estimates, and it includes, inter alia, the power to create posts and appoint staff. The Director of NIPCCD has to be appointed by the Executive Council. He is in charge of the Management of the Institute on a day-to-day basis. It is averred that the Union Minister, In-charge of the Department of Women and Child Department is the Chairperson of the Executive Council.

(3.) In terms of Bye-law 32, employees of NIPCCD are governed by the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter called "CCS") Rules and related Circulars/ Memoranda of the Union of India. The petitioner questions the insertion/ inclusion of bye laws 32(b) and 33(c) impugned in these proceedings as procedurally untenable and, otherwise, unreasonable.