B S Minhas v/s. Indian Statistical Institute
- Naimisha Tayi
- May 22, 2020
Content :
R.B Misra, J.- By the present petition under Article 32 of the Constitution the petitioner seeks to challenge the appointment of Shri B.P Adhikari, Respondent 4, as the Director of the Indian Statistical Institute. The petitioner has been holding the position of Distinguished Scientist since March 12, 1976 while Respondent 4 was not a Distinguished Scientist till his impugned appointment as Director. From all accounts the petitioner was more qualified and his achievements in all spheres were much higher than those of Respondent 4 or for the matter of that, than those of any other scientist of the Institute. The Council approved the recommendation of the Selection Committee and it also approved the terms and conditions of appointment of Respondent as Director. One of the terms of appointment of Respondent 4 was that he should be in the substantive position of a \'Distinguished Scientist\' in the Institute on a monthly salary of Rs 3000.When the petitioner came to know about the appointment of Respondent 4 to the post of Director he felt aggrieved and met Respondent 3, the Chairman of the Council, Shri P.N Haksar and expressed his deep unhappiness at the choice of the new Director of Respondent 1.
The petitioner addressed a letter to Secretary to Respondent 2, wherein he referred to the circular dated which he had received intimating him about the appointment of Respondent 4 as Director of the institute .The petitioner and many others like him were not aware of the vacancy of the post of Director till the actual order of appointment of Respondent 4 was made. Even assuming, although not granting, that there has been a violation of bye-law no writ can lie to right the same as the alleged bye-law has no statutory basis inasmuch as by the Indian Statistical Institute Act, 1959 Parliament only declared the Indian Statistical Institute, Respondent 1 as an institution of national importance and if it has made bye-law for its supervision, such bye-law cannot be said to have any statutory force. In any case the petitioner was duly and properly considered for selection to the post of Director and he could not possibly make any grievance about violation of bye-law.
