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TMI Blog2002 (2) TMI 1326X X X X Extracts X X X X X X X X Extracts X X X X ..... facts can start with 1984 when the Indian Council of Medical Research ( ICMR), New Delhi undertook to set up a project in major institutions and medical colleges for developing advanced research. The Council laid down several conditions subject to which such centers were to be set up, the relevant clause (wherein ICMR is referred to as the Council) being: The host institution must undertake to provide the necessary basic facilities for carrying out medical research for a period of at least 5 years. The host institutions are expected to take over the Centres from the Council after the stipulated period when the Council's support has been withdrawn. One such Advanced Research Centre was set up at NIMHANS by ICMR which came to be known as the ICMR Advanced Research Centre on Community Mental Health. The appellant was appointed in the Centre as Research Officer in December 1984. On 28th September 1986, an advertisement was issued by NIMHANS to fill the Research Project Posts in the Centre. It was made clear in the advertisement that the Project was for a period of three years and that some posts were likely to be made permanent after three years. Of the several posts ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty Institution. The appellant and the respondent No. 1 both applied. Interviews were held on 1st March 1987. By this date, the respondent No. 1 who had already a Master's degree in Psychology and an M. Phil in Psychiatric Social Work, had in addition acquired her Ph.D. degree. The Selection Committee interviewed all the candidates including the appellant and the respondent No. 1. As it turned out this was an unnecessary exercise because according to NIMHANS, the post was reserved for a Scheduled Caste candidate. After considering the merits of all the candidates, it was noted that there was only one SC candidate who was not found suitable. Therefore, the post was not filled up. After the second advertisement was issued, Dr. R. Srinivasa Murthy who was heading the ICMR Centre wrote to the Director, NIMHANS that NIMHANS had an agreement with ICMR to absorb the faculty posts . It was suggested by Dr. Murthy that in view of this it would be appropriate that the appointment order could be suitably modified and that the same could apply to the appointment of Mr. Mahendra Sharma, Lecturer in Clinical Psychology and Dr. K. Sekar(sic), Lecturer in Psychiatric Social Work . T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The respondent No. 1 filed a writ application in which she challenged inter-alia the appointment of the appellant as Assistant Professor in NIMHANS. She subsequently withdrew this writ petition with the leave of the Court to file a second writ petition on the same cause of action. In the second writ petition, the respondent No. 1 questioned the authority of NIMHANS to fill the post of Assistant Professor in the Department of Psychiatric Social Work by converting the temporary post in the ICMR into a permanent one and by resorting to reversion on the basis that the appellant had served with NIMHANS before he was appointed at the Centre. She made specific allegations of partiality against the respondent No. 3 in the writ petition who was a member of the Selection Committee and also one of the persons cited by the appellant as a reference. Statements of objections were filed by the appellant and the Chief Administrative Officer of NIMHANS. The respondent No. 3 chose not to file any reply. It was the case of the appellant and NIMHANS in their statements of objections, that the procedure followed in the appointment and subsequent absorption of the appellant in NIMHANS was perfectly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. The appointment of the appellant having been set aside, the learned Judge directed the post of Assistant Professor, Psychiatric Social Work which then fell vacant, to be filled up in terms of the advertisement issued in 1989, and further that the experience acquired by the appellant by virtue of his illegal appointment was not to be taken into account. Both NIMHANS and the appellant preferred two separate appeals. The Division Bench upheld the finding of the learned Single Judge and dismissed the appeals. According to the appellant and NIMHANS, the High Court's finding that appellant's appointment as Lecturer in 1986 was invalid was uncalled for as the respondent No.1 had not challenged the appointment. Even if she had, the challenge was grossly delayed. What had been challenged, according to the appellants, was the corrigendum dated 21st April, 1987 and the order directing the posting of the appellant to NIMHANS as Assistant Professor. It is contended that the respondent No.1 did not have the locus standi to challenge the appointment of the appellant either as Lecturer or subsequently as an Assistant Professor not only because she herself had not applied pursuan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that that NIMHANS is an institution of repute. It has already been so recognised by this Court in B.R. Kapoor and Another V. Union of India and Others 1989 (3) SCC 387. It is also true that generally speaking Courts have been reluctant to interfere with the running of educational institutions. But there can be 'no islands of insubordination to the rule of law'. The actions of educational institutions, however highly reputed, are not immune from judicial scrutiny. Indeed to preserve the high reputation, there is a greater need to avoid even the semblance of arbitrariness or extraneous considerations colouring the Institution's actions. It may be that the respondent No. 1 could not directly challenge the appellant's appointment as Lecturer at the Centre in 1986 either because she herself was merely not an applicant but was unqualified to be so appointed or on the ground of delay. But the immediate grievance of the respondent No.1 was the appellant's appointment in 1990 as Assistant Professor. Because the appointment was as a result of the appellant's appointment as a Lecturer in the ICMR Centre in 1986, it was also called into question. To get rid of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permanent. It is true that the advertisement stated there was a likelihood of some of the advertised posts being made permanent after three years. All that this meant was that the posts would remain temporary tenure posts for three years after which there was a possibility of the appointments being made permanent. When the post itself was made permanent from its very inception by the corrigendum issued several months later, the post should have been re-advertised so as to give fair notice to all prospective candidates regarding the nature of the vacancy to be filled. It was not open to NIMHANS to retrospectively and subsequent to the appointment change the nature of post advertised by issuing the Corrigendum. In any case, the Corrigendum proceeded on a mis- interpretation of the terms and conditions under which the Centre was set up by the ICMR. There was no obligation on the part of the NIMHANS by reason of any 'agreement' with ICMR to absorb any employee of the Centre. ICMR's condition as quoted earlier merely obliged all Institutes where such centres were set up to continue the work after ICMR withdrew its financial support at the end of five years. The corrige ..... X X X X Extracts X X X X X X X X Extracts X X X X
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