NATIONAL INSTITUTE OF TECHNOLOGY Vs. V KANNAN

JUDGEMENT

(1.) The first respondent is a Ph.D. Degree holder with Post Doctoral experience in Canada and is presently working as temporary faculty in Indian Institute of Information Technology, Srirangam. After returning from abroad, he applied for faculty position in the third respondent NIT which comes under the Ministry of Human Resources and Development. He also applied for contractual post with the appellant-institute in Tiruchirappalli in the year 2013. He was selected for the temporary post of faculty in the Department of Chemistry with a consolidated payment of Rs. 42,000/- per month. According to the first respondent, as per the directions issued by the second respondent-Ministry, steps should have been taken by the NIT to regularise his employment, but it has not been done, instead the contractual period has been simply extended. According to the first respondent, though there are many vacancies available in the faculty position of the third respondent institute throughout India, they do not follow any rules or procedures or directions issued by the Government of India. During the months of May and June, the selection process for faculty positions will be started by the third respondent institute in various states. Under the apprehension that the third respondent Institute will once again permit all its institutes to recruit without following any norms, the first respondent made a detailed representation dated 29.04.2016 to the second respondent regarding anomalies in the recruitment procedure. Thereafter, he filed a writ petition before this Court in W.P.No.18007 of 2016 for a Mandamus directing the authorities to dispose of his representation, within a specified time frame.

(2.) When this writ petition was taken up, it was put forth on behalf of the appellant herein before the writ Court that the first respondent has been found ineligible on four counts, viz. (a)Inconsistent academic record (b)Number of publications fixed by the Department has not been complied with (c)No degree from the Centrally Funded Institute and (d)Age is more than 38 years as on the cut-off date.

(3.) After considering the facts and circumstances of the case, the learned single Judge passed the impugned interim order on 08.02018 directing the appellant and the respondents 2 to 4 herein, to permit the first respondent herein in the selection process commencing from 09.02018.