K.K.Ramesh Vs Union of India — Writ and Judicial Review | Madras HC (2025)

K.K.Ramesh Vs Union of India — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Office Memorandum No.16/108/2017-Adm-11 dated 30.10.2017 issued by the Indian Council of Medical Research (regarding consolidation/merger of ICMR Institutes/Centres) is liable to be quashed by way of certiorari under Article 226. +1 more

Court's answer

The impugned Office Memorandum is an administrative order passed on the Performance Evaluation Committee's recommendations about consolidation/merger of ICMR Institutes/Centres for downsizing, reducing expenditure, resource sharing, avoiding overlaps and providing broader public health research; it is an administrative decision taken by ICMR in public interest and in the interest of administration, and the High Court cannot interfere with such administrative decisions.

Ratio / Principle

The relief sought for, to increase the post of Scientists in ICMR, cannot be issued by the High Court; creation and abolition of posts are the prerogative of the employer, which has to be made based on valuations and assessments, and therefore the relief as such sought for is misconceived.

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (S.M. Subramaniam, J.) dismissed a writ petition under Article 226 challenging the Indian Council of Medical Research's Office Memorandum No.16/108/2017-Adm-11 dated 30.10.2017, an administrative order on consolidation/merger of ICMR Institutes/Centres for downsizing, reducing expenditure, resource sharing and avoiding overlaps, based on the Performance Evaluation Committee's recommendations. Held that such administrative decisions taken by ICMR in public interest and in the interest of administration cannot be interfered with by the High Court; creation and abolition of posts are the prerogative of the employer, to be based on valuations and assessments, making the prayer to increase Scientist posts in ICMR Madurai misconceived. Writ Petition dismissed with no order as to costs; connected miscellaneous petition closed.

W.P.(MD).No.20435 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P.(MD).No.20435 of 2017 and W.M.P.(MD).No.16708 of 2017

K.K.Ramesh ... Petitioner

Vs.

1.Union of India,

Represented by its Principal Secretary, Ministry of Health,

New Delhi.

2.Union of India,

Represented by its Direct General, Indian Council of Medical Research,

V.Ramalingaswami Bhawan, Ansari Nagar, Post Box 4911, New Delhi – 110 029.

3.The State of Tamil Nadu, Represented by Principal Secretary, Department of Health, Secretariat,

Chennai.

https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.20435 of 2017

4.The Director,

ICMR - Centre For Research in Medical Entomology, 4, Sarojini Street, Chinna Chokkikulam, Madurai - 625 002.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the 2^nd respondent official Memorandum No.16/108/2017-Adm-11 dated 30.10.2017, quash the same and direct the 2^nd respondent to increase the posts of scientists in ICMR Madurai and to increase the funds regularly to ICMR, Madurai to develop the research work in ICMR Madurai.

For Petitioner : Mr.T.R.Subramanian For R-1 : Mr.P.Paul Pandi Central Government Standing Counsel For R-2 & R-4 : Mr.K.Srinivasamurthy For R-3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The Office Memorandum dated 30.10.2017 issued by Indian Council of

Medical Research is under challenge in the present Writ Petition.

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https://www.mhc.tn.gov.in/judis

W.P.(MD).No.20435 of 2017

It is an administrative order passed based on the recommendations

made by the Performance Evaluation Committee about the consolidation/merger of ICMR Institutes/Centres for the purpose of downsizing, reducing expenditure, resource sharing, avoiding overlaps in the activities and functions and proving broader public health research. It is an administrative decision taken by ICMR in public interest and in the interest of administration. High Court cannot interfere with such administrative decisions. The relief sought for to increase the post of Scientists in ICMR cannot be issued by the High Court. Creation and abolition of posts are the prerogative of the employer, which has to be made based on valuations and assessments and therefore, the relief as such sought for is misconceived.

Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (A.D.M.C.,J.) 27.06.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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W.P.(MD).No.20435 of 2017

To

1.The Principal Secretary, Union of India, Ministry of Health, New Delhi.

2.The Direct General, Union of India, Indian Council of Medical Research, V.Ramalingaswami Bhawan, Ansari Nagar, Post Box 4911, New Delhi – 110 029.

3.The Principal Secretary, The State of Tamil Nadu, Department of Health, Secretariat,

Chennai.

4.The Director,

ICMR - Centre For Research in Medical Entomology, 4, Sarojini Street, Chinna Chokkikulam, Madurai - 625 002.

Page 4 of 5

https://www.mhc.tn.gov.in/judis

W.P.(MD).No.20435 of 2017

S.M.SUBRAMANIAM,J. and DR.A.D.MARIA CLETE,J.

Lm

W.P.(MD).No.20435 of 2017

27.06.2025

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