B. S. MINHAS versus INDIAN STATISTICAL INSTITUTE & ORS.

B. S. MINHAS versus INDIAN STATISTICAL INSTITUTE & ORS.

The Indian Statistical Institute, being an instrumentality of the Central Government and deeply controlled and financed, is an authority under Article 12 and thus subject to writ jurisdiction under Article 32. Non-compliance with bye-law 2, which requires suitable publicity for the Director's vacancy, invalidates the appointment due to lack of fair opportunity and arbitrariness, regardless of the bye-law's statutory status, as the Institute must follow its self-adopted procedural standards to avoid arbitrariness.

Parties
Petitioner: B. S. Minhas; Respondent No. 1: Indian Statistical Institute; Respondent No. 2: The Council of Indian Statistical Institute; Chairman of the Council: Respondent No. 3; Respondent No. 4: B.P. Adhikari; Respondent No. 5: Union of India
Jurisdiction
India
Judgment Date
19 October 1983
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
Petition allowed; appointment quashed.
Legal Topics
Definition of 'authority' Under Article 12, Maintainability of Writ Under Article 32, Compliance With Bye Laws, Obligation to Publicise Vacancy, Fair Procedure in Selection, Statutory Vs Non Statutory Bye Laws
Constitutional Law Administrative Law Service Law Definition of 'authority' Under Article 12 Maintainability of Writ Under Article 32 Compliance With Bye Laws Obligation to Publicise Vacancy Fair Procedure in Selection +1 more

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Parties

B. S. Minhas

Petitioner

Indian Statistical Institute

Respondent No. 1

The Council of Indian Statistical Institute

Respondent No. 2

Respondent No. 3

Chairman of the Council

B.P. Adhikari

Respondent No. 4

Union of India

Respondent No. 5

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether Indian Statistical Institute is 'other authority' under Article 12 of the Constitution
  2. 2 Whether writ petition under Article 32 is maintainable against the Institute
  3. 3 Whether appointment of Director must comply with publicity requirement in bye-law 2

Ratio Decidendi

The Indian Statistical Institute, being an instrumentality of the Central Government and deeply controlled and financed, is an authority under Article 12 and thus subject to writ jurisdiction under Article 32. Non-compliance with bye-law 2, which requires suitable publicity for the Director's vacancy, invalidates the appointment due to lack of fair opportunity and arbitrariness, regardless of the bye-law's statutory status, as the Institute must follow its self-adopted procedural standards to avoid arbitrariness.

Court Disposition

Petition allowed; appointment quashed.

Orders

  • Order of appointment dated August 3, 1979 of respondent no. 4 as Director is quashed and set aside.
  • Prior actions of respondent no. 4 as Director remain valid; no refund of remuneration required.