SUDIPATA MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner, a highly qualified person, being B. Sc. (Hons) in Botany, M. Sc. in Agriculture, worked with Tata tea Ltd. till 31st March, 2005. He obtained Ph. D in Agriculture in 1994. He joined Seva Bharati on 1. 4. 2005. He was appointed as Training organizer in Krishi Vigyan Kendra on 22. 4. 2006. In response to a newspaper advertisement, he applied for the post of Training Organizer' in Bidhan Chandra Krishi Viswa Vidyalaya. On receipt of a call, he appeared in the interview held on 7. 8. 2006. But since then, nothing had been heard from the said authority. On enquiry, it could be learnt that selection for such post for the District of Hooghly had been made, but nothing was done about the filling up of the post for the District of howrah. A letter dated 5th March, 2007 from the learned Advocate of the petitioner, by way of 'demand justice' practically remained unattended. Result of the interview has not been published thereby compelling the petitioner to seek redress before this Court.

(2.) RESPONDENT Nos. 4 and 5, by filing an Affidavit-in-Opposition, denied the material allegations made by the petitioner. It was specifically alleged that the writ petitioner does not satisfy the requirements as he does not posses five years experience in the pay scales of Lecturer in a Government or Semi-government Organization. Though after his interview, the Selection Committee prepared one man panel and recommended his selection, the Executive Council did not accept the same for the aforesaid ground. Respondent Nos. 2 and 3, by filing Affidavit-in-Opposition, took the stand that Indian Council of agricultural Research (in short, 'icar') is a Society registered and constituted under the "societies Registration Act and managed and controlled by the Government of India. As per Notification No. A 11019/13/87 dated 20th April, 1987, ICAR comes within the purview of section 14 (2) of the Central Administrative Tribunal Act.

(3.) SECTION 14 (2) of the said Act clearly permits such inclusion of the corporations/societies/ other authorities owned or controlled by the government within the purview of the Central Administrative Tribunal. Section 14 of the Administrative Tribunals Act deals with jurisdiction, powers and authority of Tribunals. Sub-section (2) of section 14 reads as follows : '2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of india and to Corporations (or Societies) owned or controlled by government, not being a local or other authority or Corporation (or Society) controlled or, owned by a State Government. Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of local or other authorities or corporations (or Societies ). '