AMITKUMAR JAYESHKUMAR SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocate Mr.Maulin Raval with learned advocate Mr.Chintan Gandhi for Raval and Trivedi Associates for the petitioner and learned advocate Ms.Megha Jani appearing for respondent Nos.3 and 4 whereas learned Assistant Solicitor General Mr.Devang Vyas filed his appearance on behalf of respondent No.1 Union of India and appeared for the Union of India and its authority - respondent No.2 for admission of the petitioner as well as for grant of interim relief or otherwise.

(2.) The controversy relates to the lawfullness in applying the rules of eligibility for appointment to the post of Assistant Professors and Associate Professors. The recruitment process which started pursuant to advertisement dated 05th January, 2018 and 12th January, 2018 by the respondents is seriously called in question on the ground that statutory rules prescribing eligibility are tinkered with and sought to be altered by fiat of executive decision by offering relaxation in the essential requirement as to the eligibility.

(3.) The petitioners are the Teachers serving under respondent No.4 - Sardar Vallabhbhai National Institute of Technology who are the aspirants to the posts to which the recruitment is being undertaken as per the aforesaid advertisement. The respondent No.4 is one of 17 regional engineering colleges. It is established by the joint venture of Government of India and the State Government. The National Institutes of Technology Act, 2007 governs the functional affairs of the Institute. In exercise of powers under sub-section (1) of Section 26 of the aforesaid Act of 2007, Ministry of Human Resources Development, Department of Higher Education, has framed the Statutes which are called First Statutes of the National Institute of Technology published under Notification dated 23rd April, 2009.