DR. S.K. KACKER versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

Citation: [1996] SUPP. 5 S.C.R. 540 · Decided: 04-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY, FAIZAN UDDIN · Disposal: Dismissed

Judgment (excerpt)

A 
DR. S.K. KACKER 
v. 
ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS. 
SEPTEMBER 4, 1996 
B 
[K. RAMASWAMY AND FAIZAN UDDIN, JJ.] 
'Service Law: 
Fundamental Rules-Rules 9(13), 9(30-A), 13(2), 14-A(a}-Lielt"'-All 
C India Institute of Medical-Sciences-Professor & Head of the ENT Depart-
ment~Selected as Directo1'-0n expiry of the tenns as Director whether could 
revert back to the post of Professor & Head of the ENT Department-Held : 
No, since he is independent of the tenure which he holds in any other post 
eitherpennanent or temporary-He cannot also hold two pennanent posts 
D at the same<tim~Therefore he does not have the right to fall back upon the 
previous pennanent post held by him-Resolutions pennitting him to continue 
as Prof essor--Such resolutions which are inconsistent with the statutory rules 
have no rule to play nor do they have any legal efficacy-Such administrative 
instructions would only supplement the yawning gaps in the statutes but 
cannot supplement the law-Administrative Law. 
E 
F 
Request for retaining the bungalow allotted to him till his own house 
becomes vacant on 31..10.96-Tumed down since the present incumbent has 
to discharge his functions from his office-cum-residence-He may approach 
A/IMS which may consider allotment of alternative accommodation if avail-
able. 
Dr. L.P. Agarwal v. Union of India & Ors., (1992] 3 SCC 526, referred 
' 
to. 
I 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12078 of 
(j 1996. 
~ 
From the Judgment and Order dated 19.7.96 of the Delhi High Court 
in C.W.P. No. 3865 of 1995. 
Arun Jaitley, Ms. lndu Malhotra and Ms. Kavita Wadia for the 
H Appellant. 
540 
S.K KACKER v. Al.I.M.S. 
541 
D.D. Thakur, Ms. Mukta Gupta, Mukul Gupta, Wazir Singh and T. A 
S~idharan for the Respondents. 
The following Order of the Court was delivered : . 
Leave granted. 
While Dr. S.K. Kacker, an eminent professor in Otorphinolaryngol-
ogy, was working as professor and Head of the ENT Department in the 
respondent-AIIMS, an advertisement had come to be made on June 29, 
1990 for appointment to the post of Director of the AIIMS on regular basis. 
Pursuant thereto, he had applied for and was selected by the Committee 
for appointment as a Director. He came to be appointed by the Institute 
Body with the concurrence of the Government of India. He assumed the 
office on October 11, 1990 for a period of five years. His tenure came to 
an end on October 15, 1995. We are not concerned with the interlude of 
his tenure being not extended as an interim Director pending regular 
B 
c 
. selection. The question that emerges for consideration is : whether on D 
expiry of five years' tenure as Director, he would be entitled to go back as 
a Prj)fessor and Head of the ENT Department till he attains his superan-
nuation on July 31, 1998? When he filed writ petition in the High Court 
seeking one of the above reliefs, the Division Bench of the High Court in 
the impugned judgment made on July 19, 1996 in Writ petition No. 3865/95 
has rejected his claim holding that on appointment as Director, he ceased 
to be a Professor and he could not revert to the ENT Department. Thus, 
this appeal by special leave. 
Shri Arun Jaitley, learned senior counsel appearing for the appellant 
has elaborately argued the case. Shri D.D. Thakur, learned senior counsel F 
and ·Ms. Mukta Gupta, learned counsel for the respondents have resisted 
the contentions. The question arises : whether the appellant on ceasing to 
be a Director on and from October 15, 1995 could revert to and continue 
in the post of Professor of the ENT Department till he attains the super-
annuation? The main emphasis laid by Shri Jaitley is that the post of G 
Director is not a permanent post. As per Regulation 22 of the Regulations 
of the AIIMS, there are only two categories of posts, namely, permanent 
post and temporary post; the tenure post is neither a permanent post nor 
a temporary post and that, therefore, on completion of his tenure as 
Director, he is entitle to revert to the post of Professor as Head of the 
Department in the ENT Department. In his absence, one Dr. R. Ghosh H 
• 
542 
SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R. 
A was appointed as Professor and Head of the Department while the appel-
lant retained his post as a Professor as disclosed from the Resolution 
passed by the Governing Body and approved by the Institute Body. The 
appellant, therefore, had not ceased to be a Professor. In that behalf, he 
laid gre

Excerpt shown. Read the full judgment & AI analysis in Lexace.