INDIAN INSTITUTE OF TECHNOLOGY Vs. PARAS NATH TIWARI

JUDGEMENT

(1.) The appellant is the Indian Institute of Technology, Kanpur, established under the provisions of the Institute of Technology Act, 1961, which gives technical education of a very high standard to students. The Institute has a department known as "Aeronautical Engineering Department" in which technical education is imparted to students with respect to several aspects of aeronautics. For this purpose, the Institute owns two Piper aircrafts, one Cessna aircraft and one Hansa aircraft. We are informed by Mr. Ganguli, the learned Senior Counsel for the appellants, that these aircrafts are flown periodically and used for teaching several aspects of aeronautical engineering to the students.

(2.) Under the provisions of the Aircraft Act, 1934 read with the rules framed thereunder (the Aircraft Rules, 1937 ) all such aircrafts, even if they be privately owned, have to be maintained by qualified engineers licensed by the Director General of Civil Aviation (in short "DGCA") with regard to the type of aircraft they are required to maintain.

(3.) By an advertisement dated 23.12.1987 the appellant advertised several posts and one such post was the post of Maintenance Engineer (Aircraft). The qualification mentioned for eligibility to apply for the said post was BTech in Aeronautical or Mechanical Engineering. Respondent 1 applied in response to the advertisement. He was an AIME, recognised as equivalent to BTech or BE in the subject concerned and was also working in the Indian Air Force in the Maintenance Department. He also held certificates issued by the competent authority of the Indian Air Force that he was qualified to maintain HT 2, Dakota and Gnat aircrafts. The respondent was issued an appointment letter dated 20.09.1988. The appointment letter contained a probation clause in the following terms: