PROFESSOR G.S.TOMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by the petitioner herein seeking a writ of mandamus directing respondent no.1-Additional Chief Secretary, Technical Education, Government of Uttarakhand to issue an order appointing the petitioner as the Director of the Govind Ballabh Pant Institute of Engineering and Technology, Pauri Garhwal (for short the "GBPIET") since he had secured the highest marks based on the recruitment process that was completed by the Government of Uttarakhand; in the alternative, for a writ of mandamus directing the State Government to conduct interviews for the recruitment process initiated earlier, for which screening of applications had been completed and the selection process is underway, within a specified time frame under the supervision of the Court; for a writ of mandamus directing the State Government to initiate appropriate inquiry and consequent disciplinary proceedings against errant officials/individuals, who were responsible for having denied the petitioner his rightful due of being appointed as the Director way-back in the year 2016, and yet again in the year 2019, under the supervision of this Court; and for a writ of certiorari to quash the government decision to invite more applications for the post of Director, Pauri Engineering College as the same is patently in violation of the law.

(2.) Facts, to the limited extent necessary, are that an advertisement was issued in March, 2015, inviting applications from eligible candidates for appointment to the post of the regular Director of the GBPIET, Pauri Garhwal. The petitioner and others submitted their applications pursuant thereto. The petitioner had also applied for the post of Director, Tehri Hydro Development Corporation Institute and was selected and appointed to the said post in February, 2016. The tenure of Office of the Director, THDC Institute was also for a period of three years. On conclusion of the selection process, for appointment to the post of Director, GBPIET, Professor S.P, Pandey was appointed as its Director for a period of three years from August, 2016 till August, 2019.

(3.) In his affidavit dated 04.09.2019, filed in support of this Writ Petition, the petitioner alleges that, though he stood first in the merit list of candidates selected for the post of Director, GBPIET, he was neither intimated of his result nor was he offered appointment to the post of Director, GBPIET and, instead, Professor S.P. Pandey, who stood second in the merit list, was appointed as its Director in August, 2016.