PROF. SACHIN MAHESHWARI Vs. NETAJI SUBHAS INSTITUTE OF ...

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:

(2.) From the above, it is seen that in substance, the petitioner is challenging the advertisement dated November 30, 2016, whereby the respondent / NSIT while advertising the post of Director in Netaji Subhash Institute of Technology (NSIT in short) has prescribed the qualifications and experience as under:

(3.) Some the facts relevant for the proper adjudication of the case are, the petitioner joined the respondent / NSIT as a Lecturer in Manufacturing Processes and Automation Engineering Division. In the year 2000, he was selected as an Assistant Professor in respondent / NSIT. In April, 2007, he was selected as a Professor in the same institute. It is his case that on February 23, 2009, he was allocated the duties and responsibilities of Head of the Division of Manufacturing and Process and Automation Engineering. On May 6, 2010, the Institute invited applications from eligible candidates for the post of Director, NSIT wherein no minimum period of working as Professor / equivalent has been mentioned. It is also averred that on July 29, 2010, Govt. of NCT of Delhi, Department of Training and Technical Education decided to implement the revised pay scales and other service conditions for the categories of employees of Degree Level Technical Institutions and Delhi Technological University on the basis of recommendations made by AICTE with details as mentioned therein, i.e., AICTE (Pay Scales Service Conditions and Qualifications for the Teachers and other academic staff in Technical Institution) (Degree) Regulations 2010 notified on March 5, 2010 (Regulation 2010 in short). As per Para 2 therein, the appointments to the post of Principal / Director in Technical Institutions would be based on the conditions and eligibility in respect of the educational qualifications, teaching and research experience laid down by the AICTE from time to time. It is his case for Principal / Director the norms of the AICTE prescribe the eligibility as minimum of 10 years experience in Teaching / Research / Industry out of which at least 3 years shall be at the level of Professor or minimum 13 years experience in teaching and / or Research and / or Industry. It is his case that no change has been made by AICTE till date. It is also averred that on August 16, 2010, NSIT conveyed the implementation of revised pay scales and other service conditions to the Institute Faculty in accordance with the AICTE notification dated March 5, 2010 read with office Order dated July 29 2010 of Govt. of NCT of Delhi Department of Training and Technical Education. In other words, respondent / NSIT has made the Regulation, 2010 of AICTE read with Office Order dated July 29, 2010 of Govt. of NCT of Delhi applicable in regard to appointment to the post of Principal / Director with same qualification and teaching experience as laid down by the AICTE. It is his case that no condition of Regulation, 2010 of AICTE has been changed so far. Insofar as the post of Principal is concerned the AICTE Regulation stipulate it to be in the pay band of Rs.37400-67000 with AGP of Rs.10,000/- plus special allowance of Rs.3,000/- per month. It is averred that on May 8, 2013 another advertisement was issued by the Chairman, Board of Governors, NSIT inviting applications for the post of Director, which again did not mention minimum working period as Professor, as an eligibility criteria. It is also averred that even in the year 2014, a notification was advertised for the post of Director which also did not mention minimum working period as Professor as eligibility criteria. In view of the said notification, the petitioner also applied for the post of Director as he was eligible for the same. On November 5, 2014, he was called for interaction with the Selection Committee held on November 24, 2014. He was not recommended by the Committee for the post of Director. It is averred that on October 13, 2015, Ministry of Personnel, Public Grievance and Pension, DOP&T, Government of India has issued the Office Memorandum to the effect that the proposed amendments / revision in the Recruitment Rules should be put on the website for 30 days for inviting comments from stakeholders. On April 18, 2016, the petitioner was appointed as Dean, Faculty Affairs. On July 11, 2016, Professor Yogesh Singh was relieved from the charge of Director. He was given additional charge of Director on July 12, 2016. As the post of Director was lying vacant, an advertisement dated November 30, 2016 was issued for the said post by Director, NSIT on behalf of the Board of Directors, NSIT and not by the Chairman, Board of Governors, as has been done in the past. It is the case, a new condition has been added of a candidate having working experience of 10 years as Professor / equivalent as eligibility criterion for the post of Director and that too without the approval of the Board of Governors. On December 6, 2016, petitioner made a representation to the Institute seeking amendment to the advertisement by issuing Corrigendum to the effect of withdrawing the condition of work experience of 10 years. It is also averred that a further representation dated December 8, 2016 was made by the petitioner to the Hon'ble Lt. Governor seeking withdrawal of the illegal condition. It is his case that the Hon'ble Lt. Governor instead of responding to the representation of the petitioner dated December 6, 2016 sent the same to the Deputy Director (SB), Department of Training and Technical Education, Govt. of NCT of Delhi. It appears that petitioner had earlier filed the Writ Petition being 11932/2016, which was withdrawn with liberty to file a fresh petition with better particulars.