New Delhi, Jan 07: The Supreme Court has dismissed a petition challenging the grant of second extension to All India Institute of Medical Science (AIIMS) director P K Dave beyond his attaining the age of 62 years.
A special leave petition by a private organisation --health India -- against Delhi High Court's order dismissing it earlier, was rejected by a bench comprising Justice S Rajendra Babu, Justice P V Reddi and Justice G P Mathur.
The high court, on November 29, had dismissed a Public
Interest Litigation (PIL) by the organisation observing that
Dave was given extension in June 2001 and he was going to
complete his tenure in a few months time.
Whether extension to Aiims director be given beyond his
fixed tenure, the question was left open for the authorities
to consider in future when such an occasion arose, the high
court had said.
Aggrieved by the high court order, the health India had
approached the apex court.
It had challenged extension to Dave on the ground that he
has attained the age of 62 years in June last year and could
not be granted further extension as his appointment was made
for a fixed tenure of five years in October 1996.
The government had stated that the health minister has
power under rules to grant an extension to AIIMS director when
acting as ex-officio president of the institute's governing
body if there was an exigency.
While doing so, the minister would certainly have to take
into consideration the performance of the incumbent, it said.
Bureau Report
