ARJUN KUMAR DEY Vs. UNION OF INDIA; NATIONAL INSTITUTE OF TECHNOLOGY; CHAIRPERSON, BOARD OF GOVERNORS, NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) By means of this petition the petitioner who is an Assistant Professor of Tripura Institute of Technology, TIT in short, has urged this court to set aside the advertisement dated 15.05.2015, Annexure-P/1 to the writ petition and the recruitment process carried out in terms of the said advertisement. Further the petitioner has urged this court to prohibit the respondents from filling up the post of Registrar in terms of the Recruitment Rules, Annexure-P/3 to the writ petition as the said Recruitment Rules are not enforceable in terms of the Section 34(3) of the National Institute of Technology Act, 2007.

(2.) The facts are mostly admitted. By the employment notification dated 15.05.2015, the Director of National Institute of Technology invited applications for recruitment of Registrar in the NIT, Agartala. In the said employment notification it has been noted that essential qualifications and experience would be as per Uniform Recruitment Rules for non-faculty employees of NIT issued by the MHRD.

(3.) The petitioner has admitted that pursuant to the said employment notification he has submitted an application for the post of Registrar of NIT on 30.06.2015. The petitioner has further asserted that by the letter bearing No.F.33-2/2012-TS.III dated 05.02.2014, the Recruitment Rules were circulated for the post of Registrar under the NITs. In terms of the said Recruitment Rules, Annexure-P/3 to the writ petition the petitioner has admitted that the respondents have issued the impugned employment notification dated 05.02.2014. The said Recruitment Rules according to the petitioner are not enforceable as Section 25 of the NIT Act, 2007 provides that the classification, method of appointment and determination of terms and conditions of service of Teachers and other staffs of the institute shall only be provided by the statute. Section 25(4) of the said Act postulates that a new statute or amendment or repeal of the existing statute shall have no force unless it is assented by the visitor. Though it is mandatory to obtain the assent of the visitor in respect of new statute or an amendment of the statute or repeal of an existing statute, according to the petitioner, the framing of the Recruitment Rules by the respondents has been done in contravention of Section 25(g) of the NIT Act. Moreover, no assent of the visitor i.e. the President of India has been obtained for enforcing the Recruitment Rules as stated. Hence, the said Recruitment Rules, as of now, has no authority in the eye of law. The petitioner has referred to a decision of Allahabad High Court in Union of India & Ors. vs. Teachers Association of MINNIT, Allahabad & Anr. The said judgment dated 30.04.2015 was delivered in WA No.51603 of 2014 etc. where Allahabad High Court has inter alia observed as under: