M D TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri S. P Gupta, Senior Advocate assisted by Sri . Shivam Agarwal on behalf of petitioner. Sri K. C. Kaushik, Additional Solicitor General on behalf of Union of India as well as Indian Institute of Information & Technology, Allahabad (hereinafter referred to as 'IIITA').

(2.) PETITIONER before this Court seeks quashing of the entire process of selection, initiated by Ministry of Human Resources Development, Union of India, for the post of Director, IIITA, interview whereof was scheduled on 23.12.2013. A mandamus has been prayed for, directing the Hon'ble Chancellor of IIITA to hold selections for the post of Director and for restraining the SearchcumSelection Committee constituted by Union of India from holding any interview for the post of Director, and lastly, in the alternative for a mandamus commanding the authority concerned to call the petitioner for interview also for the post of Director, IIITA.

(3.) THE process of selection of appointment on the post of Director was, therefore, initiated afresh by publishing an advertisement on 3rd November, 2011. The eligibility condition as mentioned in the advertisement have been brought on record as Annexure 4 to the present writ petition. The petitioner applied in pursuance to the said advertisement. The date of interview had been fixed by the SearchcumSelection Committee in terms of advertisement as 23.12.2013. No call letter was issued in favour of the petitioner. The petitioner was informed of the resolution of the SearchcumSelection Committee dated 23.03.2013 whereunder he had not been short listed for the purpose of interview. Therefore, he made a representation for being called for interview. The Principal Secretary of the Board of Management of IIITA wrote a letter to the Secretary, Ministry of Human Resources Development, Department of Higher Education, New Delhi for appropriate action being taken and selection proceedings being stopped immediately. The Government did not respond to the same. The SearchcumSelection Committee in its meeting held on 3rd April 2013 after interaction with the short listed candidates recorded that none has been found suitable for the post. However, a note was added to the effect that the process of selection may continue by seeking names through nomination.