Case Briefs - Admin
Case Briefs - Admin
Held- The Supreme Court of India has quashed and has set aside the appointment of director of
the Indian Institute of Statistics. Before respondent.1 tries to select a new director, it has to
comply the requirement of byelaw by publicizing the vacancy of the post. The court also declare
the respondent no.2 is an authority under and within the meaning of the Article 12 of the
Constitution, therefore the writ petition is maintainable. The central government provides all the
money required for the funding for the institute and the other source of money to the institute has
to have the Central Government’s approval. The control of the Central Government is deep and
pervasive and, therefore, it is an instrumentality of the Central Government and as such is an
'authority' within the meaning of Article 12 of the Constitution. It is, therefore, subject to the
constitutional obligations under Articles14 and 16 of the Constitution Ajay Hasia etc. v. Khalid
Mujib Sehravardi & Ors. etc. [1981] 2 SCR 79. the court strictly ordered the respondent no. 1 to
follow the byelaws as they have been constituted to avoid arbitrariness and conduct its affairs.
The vacancy for the post of the director should had been publicized and it would have garnered
wider people for eligibility and the council would have much larger field to choose for the post.
Furthermore, the judgement also delves into Dicey’s Rule of Law wherein he had stated that 1)
The supremacy of law: It means that the law is supreme and the Government cannot act
arbitrarily. 2) Equality before Law: It means that all the people should be subject to the same
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provisions of law which is administered by the ordinary courts of the land. 3) Constitution
originates from the ordinary law: It means that the rights of the people are not granted by the
constitution but instead it is the result of the law of the land which is administered by the courts.