- (1.) We have heard learned counsel on all sides even at the admission stage.
(2.) Leave granted. Intervention application ordered.
(3.) This appeal by special leave arises from the order made on 29/2/1996 in Writ Petition No. 2453 of 1995 by the third learned Judge of the High court of Delhi to whom matter was referred pursuant to the difference of opinion expressed by a division bench of the High court in the orders dated 6/12/1995. The learned Judge agreed with one of the two learned Judges and held that the appellant, nominated under Section 4 (e) of the All India Institute of Medical Sciences (AIIMS) Act (25 of 1956 (for short 'the Act') , not being a scientist - either medical or non-medical - representing the Indian Science Congress Association, is not a person within the meaning of that section; he thus being not entitled to be nominated, his nomination is bad in law. The question that arises is whether in the composition of members indicated in Section 4 of the Act comprising different interests [of which category of five persons enumerated in clause (e) thereof], all the five persons should be scientists, either medical or non-medical, representing theindian Science Congress Association or only one among them should be a non-medical scientist representing the Indian Science Congress Association and the rest four be other than the medical or non-medical scientists' category Section 4 deals thus: "Composition of the Institute.- The Institute shall consist of the following members, namely: (A) the Vice-Chancellor of the Delhi University, ex officio; (B) the Director General of Health Services, government of India, ex officio: (C) the Director of the Institute, ex officio; (D) two representatives of the central government, to be nominated by that government, one from the Ministry of Finance and one from the Ministry of Education; (E) five persons of whom one shall be a non-medical scientist representing the Indian Science Congress Association, to be nominated by the Central government; (F) four representatives of the medical faculties of Indian Universities to be nominated by the central government in the manner prescribed by rules; and (G) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the council of States. ";