CHANDRA MOHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this petition claiming that the private respondents have been arbitrarily promoted to the post of Programme Officer though the feeder post to the post of Programme Officer does not contain such post from which private respondents have been promoted and has prayed for the following reliefs :-

(2.) A perusal of the relief clause reveals that the petitioner is also claiming a declaration to declare amended/ revised recruitment rules Annexure P-8-A to be ultra vires besides seeking setting aside of the promotion order of private respondent No.3 Shri Ashwani Kumar on the post of Programme Officer being contrary to the Recruitment Rules and without preparation of a common seniority.

(3.) The ground, which has been construed to seek above reliefs, is that such promotion is contrary to the recruitment rules having been effected without preparing common seniority and also a ground has been taken in ground (H) that the review committee also had no mandate to revise/modify the Recruitment Rules drafted by a high level committee called V.K.Bajaj Committee and it exceeded its jurisdiction in modifying the RRS and then taking the approval of Board of Governors illegally without placing full facts before it, thus also misguiding the Board of Governors of IITTM.