B. SHANKARANAND versus COMMON CAUSE AND ORS.

B. SHANKARANAND versus COMMON CAUSE AND ORS.

Section 4(e) permits the Central Government to nominate four persons integrally connected with AIIMS management and one non-medical scientist representing the Indian Science Congress Association, preserving AIIMS autonomy yet providing Government oversight. Nomination of the Minister of Health and Family Welfare by virtue of office is valid, and tenure coincides with holding office.

Parties
Appellant: B. Shankaranand; Respondent No. 1: Common Cause; Respondent No. 4: Respondent No. 4; Intervenors: Intervenors
Jurisdiction
India
Judgment Date
11 March 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in C.w.p. No. 2453 of 1995
Outcome
Appeal disposed of
Legal Topics
Nomination of AIIMS Members, Interpretation of Section 4(e) of AIIMS Act, Autonomy of AIIMS
Administrative Law Statutory Interpretation Health Law Nomination of AIIMS Members Interpretation of Section 4(e) of AIIMS Act Autonomy of AIIMS

Case Brief

Summary, issues, holding and outcome

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Parties

B. Shankaranand

Appellant

Common Cause

Respondent No. 1

Respondent No. 4

Respondent No. 4

Intervenors

Intervenors

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in C.w.p. No. 2453 of 1995

Legal Issues

  1. 1 Whether Section 4(e) of the All India Institute of Medical Sciences Act, 1956 requires all five persons nominated to be scientists (medical or non-medical) representing Indian Science Congress Association, or only one as a non-medical scientist and the remaining four as persons integrally connected with AIIMS management.
  2. 2 Whether the nomination of the Minister of Health and Family Welfare by virtue of office is valid.

Ratio Decidendi

Section 4(e) permits the Central Government to nominate four persons integrally connected with AIIMS management and one non-medical scientist representing the Indian Science Congress Association, preserving AIIMS autonomy yet providing Government oversight. Nomination of the Minister of Health and Family Welfare by virtue of office is valid, and tenure coincides with holding office.

Court Disposition

Appeal disposed of

Orders

  • Central Government is empowered to nominate five persons under Section 4(e) as indicated.
  • Nomination of the Minister of Health and Family Welfare as Chairman is valid as long as he holds office; successor can be nominated.