DIPANKAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Goswami, learned counsel for the petitioner and Ms. R. Devi, learned counsel for the respondent No. 1, being the authorities under the Ministry of Human Resource and Development, Government of India. Also heard Mr. R.P. Kakoti, learned Senior counsel assisted by Mr. S. Sutradhar, learned counsel for the respondent No. 2, being the authorities under the Indian Institute of Technology, Guwahati (IIT-G), Mr. U.K. Nair, learned Senior counsel assisted by Mr. A. Chakrabarty, learned counsel for the respondent No. 3 Shri Bhaskar Choudhury, Mr. G.N. Sahewalla, learned Senior counsel assisted by Mr. A.B. Dey, learned counsel for the respondent No. 4 Shri Sunirmal Bhattacharjee and Mr. A. Chamuah, learned counsel for the respondent No. 5, being the authorities under the University Grants Commission (UGC). Although an affidavit-in-opposition is on record filed by Ms. P. Tamuli, learned counsel for respondent No. 6, but none appears for the said respondent when the matter is taken up for hearing today.

(2.) An advertisement was issued by the Registrar of the respondent IIT-G dtd. 25/11/2016, inviting online applications, amongst others, for two posts of Assistant Executive Engineer (Civil), where both the posts were of unreserved category. The minimum qualification provided in the advertisement is bachelor's or equivalent degree in engineering from a recognized university/institute. The relevant portion of the advertisement providing for the minimum qualification is extracted as below:

(3.) The petitioner along with the respondents No. 3 and 4 participated in the selection process. In the resultant selection, the respondents No. 3 and 4 were found to have a better claim for appointment in order of merit and accordingly, both of them were appointed as per the orders of appointed dtd. 1/5/2017. Annexure 5 to the writ petition provides for the details of marks secured by the respective candidates. As per the details of the marks, the writ petitioner Shri Dipankar Das had secured 64.5 marks, the respondent No. 3 Shri Bhaskar Choudhury had secured 75.2 marks and the respondent No. 4 Shri Sunirmal Bhattacharjee had secured 68 marks, all out of a total of 100 marks. As apparently in the selection process, the respondent No. 3 Shri Bhaskar Choudhury was the first candidate in order of merit and the respondent No. 4 Shri Sunirmal Bhattacharjee was the second candidate in order of merit, they were offered the respective appointments. It is taken note of that the petitioner Shri Dipankar Das having secured 64.5 marks was the third candidate in order of merit.