K SIVASUBRAMANIYAM Vs. MADRAS INSTITUTE OF DEVELOPMENT STUDIES

JUDGEMENT

(1.) THE main point arising for consideration in these Writ Petitions are as to whether the writ petitions are maintainable against the Madras Institute of Development Studies. Before going into the legal aspects, it is necessary to refer to the factual aspects of the respondent organization.

(2.) THE Madras Institute of Development Studies was founded as a trust under a deed of trust executed on 18th September 1970, by the founder trustees Elizabeth Adiseshiah and Malcolm Adiseshiah with the objects of a)Organizing, promoting and executing programme of Social Science research with discipline based or Multi and inter disciplinary approaches, for furthering National and state development b)For developing instructional materials in the Social Sciences for use by the Universities and other institutions of higher education c) For providing a network along with the University system and other Research Institutions for the promotion of Social Science Research at the Micro and Macro levels and in particular, to provide a meeting ground for social scientists of the Southern Universities. d) For training and guiding scholars in M.Phil., and Ph.D., courses in Social Sciences. e) For organizing and co-operating with other institutions in the organization of Seminars, Workshops, Conferences and Meetings dealing with the Social Science matters. f) For developing a library and documentation center in Social Sciences. g) For publishing the results of Research, Reference works, Text Books, Instructional Materials and Periodicals in Social Science, and h) For undertaking all other activities to promote Social Science Research.

(3.) WITH the above background of first respondent, the writ petitions are filed challenging the decision of the Executive Counsel of the second respondent dated 14.08.2006, approving the appointment of the third respondent in W.P.No.26220 of 2006, Dr.A.R.Venkatachalapathy as Professor and approving the appointment of respondents 3 to 6 in W.P.No.26219 of 2006 namely Dr.S.Anandhi, Dr.Brinda Viswanathan and Dr.L.Venkatachalam as the Associate Professors. That decision was taken based on the recommendations of the selection committee. It is also seen in the type set papers filed on behalf of the first and second respondents that the selection committee for the post of Professor which has interviewed 4 candidates and recommended the name of the third respondent in W.P.No.26220 of 2006 consisted of the following members namely- 1. Prof.Sathish K.Jain, Professor of Economics, Center for Economic Studies and Planning, School of Jawaharlal Nehru University, New Delhi. 2. Prof.Saraswathi Raju, Center for the Study of Regional Development, Jawaharlal Nehru University, New Delhi. 3. Prof.Alakh N.Sharma, Director, Institute for Human Development, New Delhi. 4. Dr.S.L.Shetty, Director, Economical and Political Weekly Research Foundation, Mumbai. 5. Prof.N.Jayaram, Tata Institute of Social Sciences, Mumbai. 6. Prof.Neeraj Gopal Jayal, Professor of Political Science, Center for Law and Local Governance, Jawarhalal Nehru University, New Delhi. 7. Prof.Padmini Swaminathan, Director & Member Secretary of the trust. Likewise, in respect of the selection and recommendations of candidates for the post of Associate Professor in which, the respondents 3 to 5 were recommended, apart from respondents 6 and 7 also the members were as follows: 1. Prof. M.Ananthakrishnan, Chairperson 2. Prof.Sathis K.Jain, 3. Prof.Saraswathi Raju, 4. Prof.Alakh N.Sharma, 5. Prof.S.L.Shetty 6. Prof.N.Jayaraman 7. Prof.Neeraj Gopal Joyal 8. Prof.Padmini Swaminathan, Director & Member Secretary