LAWS(JHAR)-2002-5-71

AJAI KUMAR PATHAK Vs. REGIONAL INSTITUTE OF TECHNOLOGY

Decided On May 17, 2002
Ajai Kumar Pathak Appellant
V/S
Regional Institute Of Technology Respondents

JUDGEMENT

(1.) THE writ petition was preferred by petitioner challenging the appointment of 4th respondent, Mr. Sanjay made vide letter No. RIT(E)/ 1522/2000 dated 28.2.2000 whereby he was appointed as Assistant Professor in the Mechanical Engineering Department. The petitioner has also challenged the panel as was prepared on 23.11.1999 whereby 4th respondent was included in the list of successful candidates.

(2.) THE case of petitioner is that the respondent -RIT issued Advertisement No. KIT (E) -1236/99 dated 22.4.1999 for appointment to the teaching posts including the post of Assistant Professor (Mechanical Engineering) in the then scale of Rs. 3700 -5700/ -. The petitioner as also 4th respondent, Sri Sanjay and other applied. It is alleged that though the 4th respondent was not qualified and there was no post to fill up from the waiting list, but because of mala fide and illegality committed by the 5th respondent, Dr. B.N. Prasad, the respondent No. 4 was appointed vide impugned letter dated 28.8.2000 as Assistants Professor (Mechanical Engineering).

(3.) FROM the aforesaid fact, I find that the 4th respondent had requisite five years experience in the industries at appropriate level as on the cut -off date and thus, he was eligible for appointment.