MOHD. 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 dated 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 in 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. Article 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. If 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 is 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 by 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 VII 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 years. 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 stated 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 :

(2.) Clause X(vi) also states that the General Council shall have the power to add and amend with the prior approval of the institute.

(3.) In addition to the rules, different sets of bye-laws and regulations were also made. For the purpose of this writ petition it is sufficient to refer to the Service Bye-laws. Under bye-law No.4 it is provided that the Executive Council may create any new class or category of posts provided that the creation of any new grade or category of posts carrying a maximum pay of Rs. 2,000/-or more per month shall require the prior concurrence of the Government of India.