SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By Speaking Order dated 04.10.2019, the Under Secretary to the Government of India, NSM Division, Ministry of New and Renewable Energy, Government of India, informed the petitioner that his request for absorption in National Institute of Solar Energy (hereinafter, referred to as 'NISE') was not agreed to. In tandem, NISE issued Office Order dated 04.10.2019 informing the petitioner that, upon completion of the tenure of his deputation, he would stand relieved from NISE on 04.10.2019 (AN) and that he may report to his parent organization. These two orders are subjected to challenge in this writ petition.

(2.) The petitioner also assails Corrigendum No. 2 dated 19.03.2019 issued by NISE, whereby its Advertisement dated 01.03.2019 was modified and the post of Deputy Director General (Solar Photovoltaic) was added. This was the post held by the petitioner in which he had sought absorption, in terms of his letter of appointment read with the National Institute of Solar Energy (Scientific, Technical and Administrative Posts) Recruitment Rules, 2015 (hereinafter, referred to as 'the Recruitment Rules of 2015'). He also challenges Corrigendum No. 3 dated 26.03.2019 relating to the same advertisement on the ground that the tailor-made qualification of 'Material Science/Nano Technology' had been prescribed as the requisite qualification, contrary to the Recruitment Rules of 2015, so as to appoint the 7th respondent. A consequential direction was sought to NISE to absorb him as a Deputy Director General/Scientist 'F on permanent basis as per Rule 7 of the Recruitment Rules of 2015.

(3.) This writ petition was filed on 09.10.2019. It came up for hearing on 10.10.2019 and was adjourned to 15.10.2019. On that day, this Court ordered notice of motion returnable on 01.11.2019 and directed status quo to be maintained qua the services of the petitioner till the next date of hearing. Perusal of the said order reflects that this Court proceeded on the understanding that the petitioner was still continuing in the service of NISE and that his services ought not to be disturbed pending the recruitment to be made to the post under the impugned advertisement.