ASHA KISHORE Vs. SAJITH SUKUMARAN

JUDGEMENT

(1.) The Original Petitions arise from common order dated 6/11/2020 of the Central Administrative Tribunal. OA No.291/2020 has been filed by Dr.Sajith Sukumaran challenging order dated

(2.) /6/2020 issued by the President, Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram (in short 'the Institute') extending the term of Dr.Asha Kishore as Director of the Institute w.e.f. 15/7/2020 till the date of her superannuation. The applicant also sought for a direction to issue notification inviting fresh applications for recruitment to the post of Director in the Institute. OA No.375/2020 has been filed by Dr.Asha Kishore challenging Annexures A9 and A11 and seeking for a declaration that she was entitled to continue as Director of the Institute in terms of Annexures A7 and A8. Annexure A7 is the minutes of the 55th Institute Body Meeting held on 12/5/2020 in which a decision had been taken by the Institute Body to extend the term of Dr.Asha Kishore as Director till the date of her superannuation. By Annexure A8, the President of the Institute had by communication dated 2/6/2020 issued orders extending her tenure as Director from 15/7/2020 till the date of her superannuation. Annexure A9 is a letter issued by Government of India, on behalf of Ministry of Science and Technology, Department of Science and Technology, New Delhi to the President of the Institute requesting him to withdraw order dated 2/6/2020 granting extension of tenure to Dr.Asha Kishore as Director on the premise that orders had been issued without approval of Appointment Committee of the Cabinet (ACC). It was further indicated that the Institute shall send the bio data of Dr.Asha Kishore, vigilance clearance certificate and other documents to the said department for processing and obtaining approval of the ACC and in the meantime, a proposal for assigning additional charge of the post of Director to Dr.Asha Kishore for three months w.e.f. 15/7/2020 has to be submitted. Annexure A11 is yet another communication issued by the Government of India, Ministry of Science and Technology, Department of Science and Technology to the President of the Institute dated 28/7/2020. The said letter reads as under;-

(3.) The contention urged by Dr.Sajith Sukumaran is that in the absence of any provision for extension of tenure either under the 1980 Act or the Rules framed thereunder, a fresh selection has to be conducted from among the candidates eligible and qualified to be appointed to the post of Director and in the absence of any provision for extension of tenure, such a decision cannot be taken. Even assuming that the term of office of a Director can be extended by the Institute Body, prior approval of ACC was mandatory. Since the approval of ACC was not obtained, Dr.Asha Kishore has no right to continue in office.