THE INDIAN INSTITUTE OF INFORMATION TECHNOLOGY, DEOGHAT JHALWA ALLAHABAD AND ANOTHER, ETC. Vs. DR. ANURIKA VAISH AND OTHERS, ETC.

JUDGEMENT

(1.) Leave granted.

(2.) Certain appointments to the post of Professor, Associate Professor and Assistant Professor made in various divisions of the appellant-Institute, pursuant to advertisement dated 30.01.2013, were subsequently cancelled by the Board of Management ("Board"). The selection was held on 06.04.2013 and the incumbents were appointed accordingly. The Board, in its Eighth Meeting, as Item No.16, took a decision to cancel the appointments. The relevant consideration reads as follows:

(3.) Based on the above-said decision, the teachers were terminated from service. They challenged the same before the High Court in Writ Petition No.22558 of 2014 and connected cases. Those cases were disposed of by judgment dated 11.12.2015. Though the High Court has gone into the various aspects, the Court finally found that the decision-making process adopted by the Board was vitiated. The High Court was of the view that the appellant should have considered as to whether it was bound by University Grants Commission Regulations or the qualifications prescribed by the Institute and as advertised in the Notification for Selection. It was also held that the relaxation of qualification had to be individually assessed, having regard to the requirement based on experience, etc. The High Court hence set aside the Resolution at Item No.16 taken in the Board and the consequential termination of the appointments. To quote the operative portion: