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1995 DIGILAW 1262 (SC)

L. M. Nath v. S. K. Kacker

1995-11-08

K.RAMASWAMY, K.S.PARIPOORNAN

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( 1 ) LEAVE granted. ( 2 ) WE are conscious of the fact that the impugned order is only an ad interim one passed by the Division Bench of the Delhi High Court on 19/10/1995. But keeping in view the importance of administration of All India Institute of Medical Sciences which is a premier and prestigious institution in the country, its smooth functioning and efficient management would be the primary and sole concern of every one including Judiciary when its intervention is deemed expedient. The Director remains in day the question would be whether the president could be justified to pass the order under these circumstances. It is seen that in 1974 seniority list, produced by Dr. Kacker, he is the senior most and the appellant is the second senior most. In our considered view that since Dr. Kacker has already held the office of the Director and the Institute Body had already decided not to reappoint him except through the process of selection, by necessary implication, he would not be considered to be appointed even as interim Director pending regular appointment under Rule 7 (3) of the Rules. The consequence would be that the appellant being the next senior most in order, it would appear that the President was justified in appointing him as the interim Director pending appointment of the Director or for six months which ever may be earlier. It is reasonable to hold that any other interpretation would be a negation of the conscious action of the Institute Body. ( 3 ) IN view of the stalemate created in the selection of Director, since we are informed that the writ petition filed by common cause has already been heard and judgment was reserved, we think that we have to make a special request to the Division Bench of the High Court, which heard it, to consider whether it would not be desirable to deliver the judgment as expeditiously as possible so that the stalemate in the appointment of Director may be put an end to and the appropriate authority may take a decision to make the regular selection and appointment of the Director. We have ventured to give this suggestion keeping the paramount interest of the smooth administration of the premier institution of the nation and not of any inter se claim of any person entitled to these claims. We have ventured to give this suggestion keeping the paramount interest of the smooth administration of the premier institution of the nation and not of any inter se claim of any person entitled to these claims. ( 4 ) WITH regard to any other relief to which the respondent No. 1 may be entitled to seek for consideration, it will be open to the High Court to consider if he is entitled according to Rules and to pass such orders as may be warranted according to law. ( 5 ) THE appeal is according allowed and the impugne order of the High Court set aside. But in the peculiar facts and circumstances of the case, no costs. Appeal allowed. .