V BANSAL Vs. IIT KANPUR

JUDGEMENT

(1.) IN this petition counter and rejoinder affidavits have been exchanged and learned counsel for the parties are agreed that the petition may be disposed of finally at this stage. It may also be mentioned that so far as respondents nos. 3 and 4 are concerned, notice was accepted by the learned Senior Standing Counsel of the Union of INdia. However, no counter affidavit has been filed inspite of time granted nor any body put in appearance on behalf of respondents nos. 3 and 4 at the time of hearing of this petition on any date.

(2.) THIS petition has been filed by 33 Assistant professors of Indian Institute of Technology, Kanpur (hereinafter referred to as the Institute) questioning the legality and propriety of restructuring of the cadres of academic staff and revision of pay scales introduced by order dated 19-4-1990 (Annexure V to the writ petition). Petitioners have also challenged the resolutions of the Board of Governors dated 9-5-1990 (Annexure VI), 23-5 1990 (Annexure IX) and 25-8-1990 (Annexure XI) by which the Board of Governors has accepted and adopted the revised pay scales and the restructuring of the cadres after considering the objections raised by Ministry of Human Resource Development dated 13-8-1990 (Annexure X), which has also been sought to be quashed.

(3.) THE Secretary of the Council of IITs vide letter dated 13-8-1990 (Annexure X to the writ petition) suggested modifications in respect of the resolution dated 23-5-1990. THE suggestion was in respect of the lecturers as well as Assistant Professors. THE Board by its resolution dated 25-8-1990 (Annexure XI to the writ petition) rejected the suggestions regarding lecturers and stuck to its earlier decision of considering the selection of all the existing permanent lecturers as Assistant Professors with effect from 19-4-1990 by Selection Committee constituted. However, in case of Assistant Professors the Board rescinded its earlier resolution and decided to fill the posts of Associates Professors by normal recruitment process of open selection, i. e. by advertisement and not by internal assesment as done In respect of lecturers. Thus aggrieved, the Assistant Professors have filed the present writ petition.