NORTH EAST CENTRE FOR TECHNOLOGY APPLICATION AND REACH (NECTAR) AUTONOMOUS SOCIETY Vs. ANKIT SHRIVASTAVA

JUDGEMENT

(1.) North East Centre for Technology Application and Reach (NECTAR), is described by the Government of India as "an autonomous society under the department of Science and Technology". It has its headquarters at Shillong, East Khasi Hills District, Meghalaya. This society has a Governing Council and an Executive Council. The appellant No.2, the Director General is the executive head of NECTAR. This society was set up in 2012 with a sanction for 31 regular posts. On 10/7/2022, this organisation issued an advertisement inviting applications for filling up various vacant posts on "deputation/(including short term contract)/absorption failing which by direct recruitment". We are concerned with the applications made by Rakesh Kumar Sarmah [WP (C) No.420 of 2022]; WA No.15 of 2025 for the post of Chief Coordinator (Technical); Simanta Das [WP (C) No.430 of 2022]; WA No.14 of 2025 for the post of Chief Radio Technologist; Simon Phukan [WP (C) No.433 of 2022]; WA No.13 of 2025 for the post of Senior Administrative Officer; Ankit Shrivastava [WP (C) No.112 of 2023]; WA No.12 of 2025 for the post of Software Engineer. They were writ petitioners in the writ petitions and are respondents in the appeals.

(2.) All were scientific posts except the post of Senior Administrative Officer applied by Simon Phukan. In each category, there was one vacant post only to be filled up. Each of the respondents was called for an interview; each was issued an offer of appointment on 23/11/2021 by the respondent No.2. Each of the respondents joined the post contemporaneously and have been drawing pay and allowances specified in the letter of appointment.

(3.) The respondents were most intrigued and surprised by a letter dtd. 7/10/2022 by the Director General to each of them cancelling the appointment. It referred to the directive of the Governing Council to "scrap the recruitment process and initiate it afresh as early as possible". The Director General also stated that the advertisement inviting applications was to be treated as "null and void". The respondents were reverted back to their original posts.