TAPOBRATA LAHIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is an Assistant Associate Professor in Indian Institute of Information Technology, Allahabad has come up in this writ petition praying for issue of a writ of quo-warranto commanding and directing the respondent no. 5 to show cause as to how he is holding the office of Director Indian Institute of Information Technology, Allahabad. A writ of certiorari has also been prayed for quashing the letters dated 7.3.2012 and 19.3.2012 by which the period of reappointment of respondent no. 5 has been modified. Counter and rejoinder affidavits have been exchanged between the parties.

(2.) We have heard Sri Saurabh Basu, learned Counsel for the petitioner. Sri R.N. Singh, learned Senior Advocate has appeared on behalf of respondents no. 3 and 4. Sri R.B. Singhal, learned Senior Advocate assisted by Sri Fujail Ahmad Ansari has appeared on behalf of Union of India.

(3.) Facts of the case as emerged from pleadings of the parties briefly stated are; Indian Institute of Information Technology, Allahabad was established in the year 1999. The respondent no. 5, Dr. Muralidhar Tiwari was appointed as Director, Indian Institute of Information Technology, Allahabad for a period of three years w.e.f. 21.1.2002. The Appointment Committee of the Cabinet approved the proposal for continuance of respondent no. 5 for a further period of two years w.e.f. 22.1.2005 up to 21.1.2007 or until further orders which ever was earlier. In November, 2006, the process for selection of new Director of the Indian Institute of Information Technology was initiated. An advertisement in the 'Times of India' dated 9.12.2006 was also issued inviting applications. The tenure of respondent no. 5, Director came to an end on 21.1.2007. A proposal was sent for continuance of outgoing Director in accordance with Rule 10(a)(1) of Memorandum of Association of the institute. A search Committee for recommending a panel for appointment of Director was constituted. The Search Committee vide its report dated 21.5.2007 recommended panel of three persons including the respondent no. 5. The respondent no. 5 was given a reappointment for a period of five years. The order dated 27.12.2007 was issued by the Government of India, Ministry of Human Resource Development communicating that the Appointments Committee of Cabinet has approved the proposal of reappointment of Dr. Muralidhar Tiwari as Director for a period of 5 years w.e.f. 21.1.2007 or till he attains the age of 65 years or until further orders which ever is earlier.