NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR Vs. PRADEEP SINGH

JUDGEMENT

(1.) Heard the parties on merit of the matter.

(2.) The learned Single Judge found that as per the eligibility criteria, 5 years experience was required and for Diploma holders like Petitioner, 10 years experience was required. The Petitioner, who had 16 years experience, was invited for interview and he has been denied the appointment as he was not found successful in the interview. It will be relevant to mention here that for the appointment only interview was the criteria. The Respondent No. 5, who had no experience at all, has been selected and plea has been taken by the Appellant that the Appellant had right to relax the experience. In this case, by this pretext, even a person who had no experience at all has been given appointment. The learned Single Judge has not set aside the appointment of the Respondent No. 5 even after holding that his appointment is arbitrary and malafide but, looking to the facts of the case, awarded compensation to the writ Petitioner by directing the National Institute of Technology to pay compensation of Rs. 25,000/- to the Petitioner and Rs. 25,000/- to Bal Vihar, Sonari, Jamshedpur, which appears to be an N.G.O.

(3.) Since it is a matter where the writ Petitioner was unnecessarily harassed by the Respondent-appellant and the selection process which they have evolved clearly appears to be arbitrary, therefore, if any damage in the form of compensation has been awarded, we do not want to interfere, in the appellate jurisdiction, in the said order where the experience of 16 years of the writ Petitioner was ignored and appointment was given to a person who has no experience at all. Relaxing the experience is something different than waiving the entire experience.