NORTH EASTERN REGIONAL INSTITUTE OF SCIENCE AND TECHNOLOGY AND OTHERS Vs. DR. PRABHANJAN KUMAR PRANAV AND OTHERS

JUDGEMENT

(1.) Heard Mr. A. Apang, learned Sr. counsel appearing on behalf of the appellant - North Eastern Regional Institute of Science and Technology(for short, appellant-NERIST) and Mr. D. Panging, learned counsel appearing for the sole respondent.

(2.) The substance of the challenge in this Writ Appeal is against the direction given on 04.11.2015(Annexure-2) in the connected writ petition viz. WP(C) No. 86(AP)2015, whereby, the learned Single Judge directed the NERIST to appoint the writ petitioner as Associate Professor, in the Department of Agricultural Engineering. The writ petitioner was not recommended by the 9-member selection panel and yet, direction was issued for his appointment because, additional vacancy was available. Currently, the writ petitioner is serving as an Assistant Professor, but he applied for consideration to the higher post of Associate Professor, in terms of advertisement No. 2/2014 (Annexure 4) of the NERIST. Against the order dated 04.11.2015, the NERIST had filed the Review Petition No. 04(AP)2015, but the same was dismissed on 03.03.2016, by the learned Single Judge. The primary challenge now in this Writ Appeal is against the direction given by the learned single Judge for appointment of the writ petitioner(respondent No. 1, herein).

(3.) Having regard to the power conferred under Clause 2(2) of Chapter V A of the Rules applicable for writ appeals in the High Court, and also taking into consideration the decision in Bussa Overseas and Properties Private Limited and Another v. Union of India and anr. reported in (2016) 4 SCC 696, the instant writ appeal has been entertained by this Court vide order, dated 05.12.2016.