COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been placed before me in view of the difference of opinion between Mahinder Narain, J. and Cyriac Joseph,J. in regard to the question of validity of nomination of the third respondent as a Member and President of the All India Institute of Medical Sciences (for short 'AIIMS'), the second respondent. In the instant petition, the petitioners seek a direction in the nature of Quo Warranto declaring that Shri B. Shankranand, the third respondent is not entitled to hold or continue to hold office as the President-Member of the second respondent and as Chairman of its governing body. The writ petitioners further seek writ in the nature of Mandamus for restraining the third respondent from functioning as the President and the Member of the second respondent and as the Chairman of its governing body. There is also another prayer in the nature of a consequential relief for quashing the proceedings, deliberations and minutes of the meetings of the Institute Body and the Governing Body of the second respondent held on June 5, 1995 or of any subsequent date which were convened and presided over by the third respondent.

(2.) The petitioners are registered societies under the Societies Registration Act and claim to be interested in promoting justice and law and purifying the system and its institutions. It is asserted that they have been actively campaigning for eradication of arbitrariness in State action and have been taking up issues to Courts which affect public at large. The petitioners in the instant petition, inter- alia, assail the continuance of the third respondent as the President and the Member of the second respondent.

(3.) How the third respondent came to hold the office of the President and the Member of the second respondent and the circumstances leading to the controversy may now be stated. In this regard two Notifications dated March 9, 1994 need to be taken note of. One was issued by the Central Government in pursuance of Clause (e) of Section 4 of the All India Institute of Medical Sciences Act, 1956(for short 'the Act'). This Notification reads as under:-