BHABESHWAR TONGBRAM Vs. RAJKUMAR NANDO SINGH

JUDGEMENT

(1.) By filing this Review Application, the judgment and order passed by the Division Bench on 12.9.2016 in W.A.No.56 of 2016 affirming the judgment and order dated 14.6.2016 passed by the learned single Judge in WP(C) No. 215 of 2016 holding therein that the petitioner(respondent in the writ application) on account of not having Ph.D in the subject of Engineering and also not having requisite administrative experience of 3 years as Head of Department( for short HOD), is not eligible to be appointed on the post of Principal, Government Polytechnic, has been sought to be reviewed.

(2.) Before adverting to the submissions advanced on behalf of the petitioner (appellant in the writ appeal) and also on behalf of the respondent (writ petitioner), the facts giving rise to this Review Application need to be taken notice of.

(3.) Learned Single Judge, having taken into account the claim and counter claim, was pleased to hold that the petitioner (respondent in writ application) neither does have requisite Ph.D. in the subject of engineering, which in terms of the eligibility was required to have, nor does have 3 years administrative experience as HOD and thereby found the petitioner ineligible to be appointed on the post of Principal, Govt. Polytechnic. Accordingly, the order under which the petitioner had been appointed as in-charge Principal Government Polytechnic was quashed. At the same time it was also held that the writ petitioner is also not eligible to be appointed on the post of Principal. However, it was observed that on account of the administrative exigency if the authority do consider that there has been no way out but to appoint a person as Principal in-charge, then authority must take into account the seniority while appointing a person as in-charge Principal and thereby writ application was allowed vide its order dated 14.6.2016. That order was challenged before the appellate court. Before the appellate Court, the same plea was advanced on behalf of the appellant (petitioner of the review application) that the learned single Judge should not have decided the issue as to whether the petitioner is eligible or not to be appointed as Principal on account of not holding Ph.D. in the field of Science but holding Ph.D in related subject rather it should have been left open for the BOG to decide the matter relating to eligibility. The aforesaid submission advanced on behalf of the petitioner did not find favour as the appellate court did hold that the point as to whether the petitioner was having valid Ph. D or not, is to be determined in the context of the eligibility prescribed by the AICTE which never involves any detailed examination or scrutiny by an expert body and thereby upon examining the matter it was found that the petitioner is not holding Ph.D in engineering and thus the finding recorded by the learned single Judge was affirmed and the writ appeal was dismissed.