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1994 DIGILAW 301 (CAL)

N. K. Sen v. S. R. Das

1994-09-14

BHAGABATI PROSAD BANERJEE

body1994
Judgment : In this case a very unfortunate state of affairs has been brought to the notice of the Court by tiling a writ application which every person is deeply concerned. 2. The matter relates to filling up the post of Director, Chittaranjan National Cancer Institute, Calcutta which is highly prestigious Institute working in the field of cancer. 3. There is already an order of the Supreme• Court relating to the modality to be followed for filling up the post with effect from November 1, 1988. The Supreme Court inter alia directed as hereunder:- "The Governing Body of the Institute shall draw up a panel of 5 names of eminent persons known for their expertise knowledge and research in the field of Oncology and Cancer Research on the basis of their merit and suitability for appointment to the post of Director. The panel shall be drawn by the Governing Body out of the names proposed by the members of the Governing Body, who may be requested to do so by the Chairman of his nominee within one month from the date of this order. The members of the Governing Body may make their proposal within one month. The Governing Body will thereafter consider the names so proposed including the name of Respondent No. 9 Dr. Jayashree Roy Chowdhury and in case of difference of opinion the panel and the ranking shall be finalised on the basis of majority opinion within two months from the last date fixed for making proposals. The Governing Body will thereafter offer appointment to the person included in the panel on the basis of ranking in the panel within three weeks of the preparation of the panel". 4. Dr. Jayashree Roy Chowdhury had taken voluntary retirement from the post of Director and the scat has fallen vacant on and from May 1, 1994. It is admitted before me that one Dr. S. R. Das, Additional Director (Administration), All India Institute of Hygine and Public Health, Calcutta who has admittedly no experience and/or degree in Oncology and/or Cancer Research has been directed to discharge powers and functions of the Director of the said Institute since May 1994. It is admitted before me that one Dr. S. R. Das, Additional Director (Administration), All India Institute of Hygine and Public Health, Calcutta who has admittedly no experience and/or degree in Oncology and/or Cancer Research has been directed to discharge powers and functions of the Director of the said Institute since May 1994. As yet no step has been taken to fill up the post of the Director following the guide-lines given by the Supreme Court of India in this behalf and as a result thereof this pioneer Institute in this Country is running without any eminent person with requisite knowledge for discharging the powers and functions of the said post, which, in my view, is a very shameful affair. 5. It is submitted by the learned Counsel appearing for the Union of India that the appointment of Dr. S. R. Das in the post of Director of the said Institute was made on ad hoc basis and not a permanent appointment. But, this Court failed to appreciate one thing how low an ad hoc and/or temporary appointment will be allowed to continue for the last five months and how long an institution of this kind will run by the persons without following the guide lines given by the Supreme Court of India in this behalf. 6. The learned Advocate for the Union of India has prayed for some more time to fill up the post, but there is no explanation as to why after a lapse of so many months no step has been taken to fill up the post by an eminent person with requisite qualification and experience in the subject as Director following the guidelines of the highest court of the country. It appears that the respondents are significantly silent over the matter and did not give due importance in the matter which ought to have been given for the sake of this Institution. It also appears that the present state of affairs have been continuing for an indefinite period and that the authorities concerned are remaining significantly silent over the affairs forgetting about the fate of the Institution which must be allowed to function in the greater public interest. 7. It also appears that the present state of affairs have been continuing for an indefinite period and that the authorities concerned are remaining significantly silent over the affairs forgetting about the fate of the Institution which must be allowed to function in the greater public interest. 7. It is the case here this Court is unable to understand why the authority is standing in the way and/or not taking any step in the public interest and/or is not giving any importance td the order passed by the Supreme Court of India. This state of affairs would have continues until and unless this writ petition was not filed. 8. It is submitted by the respondents concerned that the petitioner has no locus standi to move this petition. But, in my view, this is really a case of public interest litigation, inasmuch as this state of affairs cannot be allowed to continue for an indefinite period. The petitioner may not have any right in the post, but the present state of affairs, if it is allowed to continue which is contrary to public interest will cause a tremendous loss to the Institute. 9. Accordingly, the respondents are directed to fill up the post of the Director, Chittaranjan National Cancer Research Institute by an eminent person as directed by the Supreme Court of India on the last occasion and following the medality of the order of the Supreme Court within 45 days (forty-five days) from date and no occasion this date will be deferred. 10. It is very unfortunate that even though several months have passed, the respondents have not discharged their duties and obligation with regard to this and kept the management in the hands of the authority and/or a person, who admittedly has no requisite qualification and/or experience in the post. It is expected that the respondents concerned shall realise the urgency of the matter and take immediate steps to fill up the post of Director of the said Institute as directed hereinabove even before 45 days and without waiting till last date in the interest of the Institute and public at large. The writ petition is disposed of accordingly. There will be, however, no order as to costs. Let a xeroxed copy of the above order be given to the parties on the usual undertaking.