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registered body under the Societies Registration Act and has functioned at the institute since 2014. The Association has historically carried out activities pursuant to its bye-laws and has interacted with the AIIMS administration on faculty-related matters.

(ii) On 21.12.2023, the Executive Director of AIIMS Bhubaneswar issued an order stating that the Faculty Association does not have formal recognition under the Central Civil Services (Recognition of Service Associations) Rules, 1993 [CCS (RSA) Rules]. This was followed by a subsequent communication dated 26.04.2024 reiterating the deemed de-recognition. The AIIMS administration contends that no documentary proof of recognition under Rules 4, 5, or 6 of the CCS (RSA) Rules was ever submitted by the Association despite multiple reminders and a show-cause notice issued on 05.04.2023.

6. From the pleadings and submissions, the principal questions that arise are: (i) Whether FAIIMS enjoys any legal status as a "recognized" service association under the CCS (RSA) Rules, 1993, and if not, whether it can claim any enforceable right via writ proceedings to prevent the opposite parties from treating it as unrecognized; (ii) Whether the Executive Director of AIIMS had the authority to issue the impugned "de-recognition" order under Rule 8 of the CCS (RSA) Rules, and the effect of any procedural irregularity in this regard; (iii) Whether the action of the opposite parties violates the petitioner's fundamental rights, particularly the right to form associations under Article 19(1)(c) of the Constitution; and (iv) To what relief, if any, the petitioner is entitled. These points are addressed in turn.

Location: ORISSA HIGH COURT, CUTTACK

13. Notwithstanding the above conclusion, this Court considers it important to address the manner in which the Executive Director issued the impugned "de-recognition" order, so that the correct legal procedure is clarified. Rule 8 of the CCS (RSA) Rules, 1993 governs withdrawal of recognition. In essence, it provides that the Central Government (through the competent authority) may withdraw the recognition of a service association if it fails to observe the conditions subject to which recognition was granted, or for other specified reasons (such as engaging in undesirable activities). The Rule typically entails a due process: a show-cause notice to the association, an opportunity to be heard, and a reasoned decision by the Government. In the present case, the Executive Director invoked Rule 8 and unilaterally declared FAIIMS "de-recognized." This action, in substance, was beyond the scope of the Executive Director's authority. The power to grant or withdraw recognition lies with the Central Government, not with the head of a local unit or institute.

The rights and privileges of the petitioner Association and office bearers could not be left in limbo pending the request for continuation of recognition. It needs to be appreciated that the steps were taken on behalf of the petitioner Association for continuation of recognition vide various communications though after a delay of about one year and eight months. However, thereafter the matter was expected to be dealt expeditiously by the respondents. The right of continuation of a recognized Association should not have been delayed for such a considerably long period thereby denying the office bearers as well as the Association of the privileges. In such an eventuality, the very object of forming an Association of the employees stands patently denied and becomes illusory, from the perspective of the employees despite existence of CCS (RSA) Rules, 1993. The respondents were expected to adhere and take expeditious decision regarding the continuation of recognition of petitioner Association by the Competent Authority. We have already set aside OM dated January 09, 2019 to the extent of treating the petitioner Association as "unrecognized", as the decision was not issued with the approval of the Competent Authority as provided under the CCS (RSA) Rules, 1993 but was only taken at the level of DG, CPWD.