MOHAMMAD ZAHEER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the Dean of the National Institute of Community Development (referred to in this Judgment as Institute) which is the second respondent herein. He has filed this writ petition praying for the issue of a writ quashing the order of the first respondent, the Union of India dt 28-7-1976 and for a declaration that he is entitled to function as the Dean until 31-7-1978, The second respondent institute was formed is 1962 by merging the Central Institute of Study and Research in Community Development, Mussoorie and the Institute for Instruction in Community Development, Dehra Dun and was shifted to Hyderabad in February 1954. The object of the institute is to promote the study of community development etc, as set forth in its memorandum of association. Art. 4 (i) provides that the institute may create administrative, technical, ministerial and other posts in the society and make appointments thereto in accordance with the rules and regulations of the Society, provided that creation of and appointment to posts carrying a maximum pay of Rs, 2,000/-or more per month shall require the prior concurrence of the Government of India. Art 4 (k) empowers the institute to make rules and bye-laws of the conduct of the affairs of the Society and add to, amend, vary or rescind them from time to time. Rules were accordingly made and the first set of rules were filed with the Registrar of Societies along with the memorandum of association, Rule III deals with the Constitution of the institution. It consists of the President who is the Union Minister for Agriculture and Irrigation and two Vice-Presidents of the institute to be appointed by the President. It is unnecessary to refer in detail to the other members of the institute. It is sufficient to note that the total number of members is 45 The General Council of the Institute is composed of all the members of the institute. Under Rule X it has to elect the Executive Council and also the Standing Committees. The Executive Council 3s entrusted with the task of the management and administration of the affairs of the institute, subject to the general control and directions of the General Council. The Dean of the Institute is an ex-officio member of the Executive Council and one of the two Vice-Presidents to be nominated bv the President is the Chairman of the Executive Council. Under Rule XII(ii) (b) the Executive Council has the power to create such posts, and appoint and control such staff other than those regarding whose appointment specific provision has been made elsewhere, as may be required for the efficient management of the affairs of the institute and to regulate the recruitment and conditions of their service. Specific provision is made under rule VIII for the appointment of the Dean. Under this rule the Dean shall be appointed by the Executive Council subject to the approval of the Government of India and his term of office and other conditions of service shall be such as the Executive Council may prescribe. The Government of India, will however appoint the first Dean of the Institute and fix the terms and conditions of his appointment and he shall hold office for a period not exceeding three vears.

(2.) The Dean is the principal executive officer of the institute responsible for the proper administration of the affairs of the institute and has to exercise powers under the direction and guidance of the Executive Council, vide Rule XI. Under Rule XVII it is staged that the General Council shall be guided by such directions on questions of policy as may be given to it by the Government of India. Rule XVIII provides for amendment of the rules and is as follows :

(3.) The petitioner who was a member of the Indian Administrative Service was appointed on deputation as the Dean of the Institute on 7-6-1973 in the scale of Rs. 2,500-3000 with an initial pay of Rs, 2000/-in that scale. He attained the age of superannuation on 10-7-1974 and therefore his deputation also came to an end. The Executive Council thereupon passed a resolution that he should be appointed as Dean till he attained the age of 60 years. By an order dt. 19 2-1975 his re-employment was approved by the Government of India for a period from 11-7-1974 to 6-6-1976. His pay was fixed at Rs. 2,809/-in the scale of Rs, 2,500-3000 Some time before the term of his appointmant expired, the Executive Council passed a resolution on 14-3-1976 in the following terms :