PROF. SASHINDRA KUMAR KAKOTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The principal issue involved in this writ petition is the appointment of the Director In-charge of the IIT Guwahati. The consequential issue is also with regard to the process of regular appointment to the said post of Director. The process adopted in the aforesaid recruitment has been assailed both on the ground of violation of the established norms as well as on the element of bias and favouritism.

(2.) The facts projected in the petition are that the petitioner is a Professor of the IIT Guwahati and at the relevant time was serving as the Deputy Director of the same. The post of Director had fallen vacant as the earlier Director was appointed elsewhere and there was a requirement to fill up the said post of Director on In-charge basis. The statutory rules holding the field do not contain any provision for appointment of In-charge Director. However, such procedure can be traced back to the First Meeting of the Council of the four numbers of IITs (as it was then) held on 25/5/1962. As per Item No. 7, the Chairman of the Council, which is the parent body, in consultation with the Chairman of the concerned Board of Governors, was to make such appointments. It may be mentioned that each of the IITs has got a Board of Governors.

(3.) It is contended that to make such appointments, three options are available, namely,