INDIAN INSTITUTE OF TECHNOLOGY Vs. P C JAIN

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 13th March, 1987 of the learned Single Judge wherein a writ of mandamus was issued quashiag the report dated 24th September, 1980 of the Enquiry Officer and order dated 31st March, 1981 of the Disciplinary Authority and order dated 23rd June, 1982 of the Visitor rejecting appeal of respondent No. I against the Order of compulsory retirement.

(2.) Respondent No. I in the year 1978 was Professor and the Head of the Mathematics Department of the Indian Institute of Technology (for short IIT). He had a very brilliant academic record and was a Visiting Professor at the University of Wisconsin, U.S.A. from 1963 to 1965, Professor of Mathematics in B.I.T.S., Pilani from 1965 to 1966, Professor and Head of the Department of Mathematics of I.I.T. for three periods during the years 1966 to 1978. He was also honoured for his outstanding contribution, and was recipient of Shanti Swaroop Bhatnagar Award as well as several other honours. The respondent No. 1's son, Shri Navin Jain applied for admission to MSc. (Mathematics) (Computer Science) Admission Test for the year 1978-79, which was to be conducted by the Department of Mathematics of I.I.T. Shri Navin Jain was eligible to make the test. It was also averred that he had a better record in Mathematics than in Physics and had secured highest marks in Mathematics in Ruia College, Bombay University Examination in the year 1977. The admission test and interview was conducted by the committees constituted by the Mathematics Department of the I.I.T. for this purpose and three committees were set up, namely, scrutiny committee, paper setting committee and interview committee. The respondent No. I was alleged to have drawn up a tentative list of members of the said committees. This list was required to be approved by the faculty members of the Mathematics Department and for this purpose, he had issued a circular dated 3rd July, 1978 calling for the meeting of the faculty for 6th July, 1978. The respondent No. 1 further averred that he was aware that his son was a candidate for the admission and he had disassociated himself from all the concerned committees. He further stated that a large number of faculty members including senior faculty members were on vacation and, therefore, at the time of drawing up of the tentative list of the members of the committees, all the faculty members, who were available in Bombay, were consulted. On 5th July, 1978, one member of the faculty, namely Dr. V.M. Saundalgekar made a complaint to Professor A.K. De, Director of the I.I.T., against the respondent No. 1 regarding his son being one of the candidates for the admission test. Thereupon, the Director called the respondent No. 1 and in the presence of Deputy Director told him that he should go to the faculty meeting and get its approval of the names of various members of the committees. The respondent No.. 1 further alleged that be asked the Director for permission to go on casual leave with effect from 6th July, 1978 and to make alternative arrangements. The Director, however, is alleged to have told him that there was no need for him to immediately go on leave and he should conduct the faculty meeting on 6th July, 1978. At the meeting of the faculty members, the respondent No. 1 announced the names of the committee members and the said names were unanimously approved. The respondant No. 1 thereafter had nothing to do with the admission procedure, 8th and 9th July, 1978 being holidays, he went on leave from 10th to 12th July, 1978. The question paper was set up on 7th July, 1978 by a committee consisting of Dr.C.R. Marathe, Dr. R.L. Batra, Dr. S.P. Bhattacharya and Dr. Jai Prakash. The written examination in the paper of Mathematics took place on 11th July, 1978 and interviews of the candidates were conducted subsequently. The son of respondent No. I Shri Navin Jain got 70 out of 70 marks in General Mathematics but secured only 2 marks out of 30 'marks in Physics.

(3.) Dr. Saundalgekar made an oral as well as a written complaint on 13th July 1978 to the Director of I.I.T. to the effect that the test had not been condacted in a fair manner. It is an admitted case that on the aggregate of written test and interview marks the respondent's son secured 8th position in order of merit. However, in view of the complaint only 7 candidates were granted admissions and the respondent's son was not admitted to the course. The Director appointed a preliminary enquiry committee consisting of three members to go into the alleged allegations. The said committee submitted its report to the Director. Thereafter, a memorandum dated 23rd August, 1979 was served on respondent No. 1. The article of charge against the respondent No. 1 and as referred in the judgment of the learned Single Judge may be reproduced as under: