ACHALESH NANDAN Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PETITIONER initially filed this writ petition questioning the failure of the Respondent National Institute of Technology, Patna (hereinafter referred to as the NIT) to call him for appearing in the interview pursuant to Advertisement No. NITT/Apt. 01/2005 dated 20.5.2005, Annexure -8 for the two post of Lecturer in Architecture on the ground that the said omission of NIT is arbitrary and violative of Articles 14, 16 of the Constitution as the NIT ignored the fact that the petitioner possessed minimum qualification for the post, namely, 1st Class Bachelor's degree in Architecture and yet was not called to appear in the interview pursuant to Advertisement, Annexure -8.

(3.) PETITIONER assailed the omission of the Respondents not to call him for appearing in the interview in response to the Advertisement, Annexure -8 with reference to the qualification and experience clause of the advertisement, which provided that the qualification and experience etc. for the different posts advertised shall be as per the AICTE norms and advertisement, Annexure -8 itself indicated that the minimum qualification for the post of Lecturer in Architecture is 1st Class Bachelor's degree in Architecture and petitioner, who passed Bachelor's degree in Architecture from Bihar College of Engineering, Patna University in 1st Class with distinction in the year 1993 and applied pursuant to Advertisement, Annexure -8, should have been called for participating in the selection process/ appearing in the interview and for failure to call him to participate/ appear in the selection process/ interview, the selection and appointment of Private Respondent Nos. 5 to 7 on the post of Lecturer, vide notification dated 6.12.2005, Annexure -12 is vitiated as violative of Articles 14 and 16 of the Constitution. In this connection, it was further submitted that after issue of the advertisement on 20.5.2005, the minimum qualification for the post of Lecturer in Architecture and other streams was altered from 1st Class Bachelor's degree to Master's degree in the third meeting of the Board of Governors of the NIT held on 27.9.2005, Annexure -C, which is also arbitrary and violative of Articles 14 and 16 of the Constitution of India and be quashed as having issued the advertisement dated 20.5.2005 indicating minimum qualification for the post of Lecturer as 1st Class Bachelor's degree the same should not have been altered to Masters degree during the selection process. In this connection, it was also pointed out that in terms of the advertisement, the minimum qualification for the post advertised is as per the AICTE norms and minimum qualification for the post of Lecturer/ Architecture as has been provided by the AICTE is 1st Class Bachelor's degree in Architecture without any work experience and the action of the NIT to alter the minimum qualification from 1st Class Bachelor's degree to Master's degree is contrary to the terms of the advertisement, Annexure -8 and appreciating the same the selection of Private Respondent Nos. 5 to 7 be set aside with direction to the NIT to even consider the case of the petitioner along with other qualified candidates and then to conclude the selection process. In support of the submission that the selection criteria cannot be changed after issue of the advertisement i.e. during selection process, learned Counsel for the petitioner cited the following case law in the case of A.A. Calton v. Director of Education and Anr. reported in : (1983)ILLJ502SC , in the case of P. Mahendran and Ors. v. State of Karnataka and Ors. reported in : AIR1990SC405 , in the case of Gopal Krushna Rath v. M.A.A. Baig (Dead) By Lrs. and Ors. reported in : AIR1999SC2093 , in the case of Secretary, A.P. Public Service Commission v. B. Swapna and Ors. reported in 2005(3) PLJR 194 (SC) and in the case of Nutan Kumari v. The State of Bihar and Ors. reported in 2005(3) PLJR 319.