Decided on April 24,1992

M.THAHA Appellant


A.Lakshmana Rao - (1.)These two writ appeals are directed against the common judgment of the learned single judge dated January 28,1992 in W.P.Nos.13270 of 1989 and 4812 of 1990, dismissing both the Writ petitions filed by the appellants herein.
(2.)The Government of India established two institutes in the year 1958, namely (1) the Central Institute of Study and Research in Community Development and (2) the Trainers Training Institute. These two institutes were merged in the year 1964 to form the National Institute of Community Development. It was accorded autonomous status in the year 1965. Following the adoption of integrated rural development approach, the institute was re-named in the year 1977 as the National Institute of Rural Development (hereinafter referred to as 'the Institute'). After registration of the Institute under the Societies Registration Act, it framed rules. The Institute consists of a General Council composed of all the 45, members of the Institute, presided over by the Minister-in-charge of the concerned Ministry, Government of India an Executive Council consisting of ten members, a Committee on Administration, an Academic Committee and a Director General. The powers and functions of the General Council, inter alia are to elect members of the Executive Council, to amend or modify the rules of the Institute and to frame bye laws for the regulation of the business of the institute in particular with reference to appointments, emoluments, terms and conditions governing scholarship, fellowship and deputation and other conditions of service of the staff of the Institute. One of the functions of the Executive Council is "to create such posts, appointment and control such staff other than those for whose appointment specific provision has been made elsewhere, as may be required for the efficient management of the affairs of the Institute and to regulate the requirement and conditions of their service" and "to appoint committees, with or without power to co opt for disposal of any business of the Institute or for advice in any matter pertaining to the Institute..."
(3.)The Committee on Administration is one of the two Standing Committees. It consists of the following six members including the Director General of the Institute, who is the Chairman of the Committee "
(i) The Director General of Institute - Chairman. (ii) Joint Secretary to the Government of India in the Ministry of Rural Development dealing with the Institute or his nominee not below the rank of Deputy Secretary - Member. (iii) Joint Secretary (Finance) and Financial Adviser in the Ministry of Rural Development, Government of India or his nominee not below the rank of Deputy Secretary - Member. (iv) three persons from among the members of the Executive Committee to be nominated by the Executive Council for such terms as may be fixed by the Executive Council but not exceeding three years - Members. Members: The Chairman shall have the power to co-opt as member, such person of persons as may be necessary. (v) Every meeting of the Committee, Rule XIII, which provides for the composition ot the Committee on Administration, specifies that (vi) Every meeting of the Committee on Administration shall be presided over by the Chariman (Director General); and (vii) Four members of the Committee on Administration which shall include the representative of the Ministry of Rural Development (vide (ii) & (iii) above) shall constitute the quorum. The Committee on Administration is entrusted with the powers and functions to deal with matfers relating to appointment,administration and finance. In the matter of appointments, its functions are: (i) Selection and making recommendations for appointments or selection and appintments to posts in different categories in Group A as the case may be except the Director General, for which the Executive Council is the competent authority. (ii) Prescription of rules forrecruitment to posts referred to above. For the purpose of this case, it is not necessary to refer to the other Standing Committee, viz. the Academic Committee.


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