SHISHUPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TO be considered for appointment as Professor (MBA) at Engineering College, Bikaner, the petitioner appeared before a competent selection committee on 3. 4. 2007, however, the recommendation of such committee was not placed before the Executive Committee of the College, hence this petition for writ is preferred seeking directions as follows:- &nbsp&nbsp&nbsp&nbsp&nbsp" I. by an appropriate writ, order or direction, the respondents may be directed to place the recommendations of the selection committee for the post of Professor in MBA department undertaken pursuant to the advertisement dated 4. 1. 2007 before the executive council of the Engineering College Bikaner for consideration forthwith or within such time as this Hon'ble Court may deem fir to prescribe; II. by an appropriate writ, order or direction, in the event, the petitioner is recommended and approved for appointment, the respondents may be directed to offer appointment to the petitioner on the post of Professor in MBA department with effect from the date the other persons selected pursuant to the advertisement dated 4. 1. 2007 have been given such appointment with all consequential benefits. "

(2.) IN reply to the writ petition the respondents came forward with the stand that the petitioner is not possessing the eligibility to hold the post of Professor (MBA) as per the norms prescribed by All INdia Council of Technical Education (hereinafter referred to as "the AICTE"), thus, the recommendation made by the selection committee were not placed before the executive committee. While lis pendence the recommendation of the selection committee was tabled before the executive committee on 29. 5. 2008 and the executive committee also found the petitioner lacking eligibility to hold the post of Professor (MBA ).

(3.) TO meet with the contention of the respondents it is urged on behalf of the petitioner that the AICTE by the communication dated 10. 9. 2003 as per the recommendations of an expert committee clarified that since the teachers in the Universities/university, Department of Science/ Humanities are governed by the UGC, whereas in the same university Engineering faculty is governed by the AICTE, thus, the Engineering faculty is required to be treated at par with the Science/humanities in terms of experience as per UGC norms. It is also urged by counsel for the petitioner that the executive council is nobody to examine eligibility requirements and also that the claim of the petitioner is rejected with a view to support an Assistant Professor already working at Bikaner Engineering College.