CHANDRA SHEKHAR CHOUDHARY Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) HEARD Mr. M.S. Anwar, learned senior counsel appearing on behalf of the petitioner and Mr. Manish Mishra, learned counsel appearing on behalf of the National Institute of Technology, Jamshedpur.

(2.) IN this writ application the petitioner seeks issuance of a writ of mandamus commanding upon the respondents to relieve the petitioner for joining the Quality Improvement Programme (in short 'QIP ') sponsored by the Ministry of Human Resources Department, Government of India and All India Council for Technology Education (for short AICTE) in which the petitioner was selected after written test and intervie for doing Ph. D. in Indian Institute of Technology (in short IIT), Chennai.

(3.) MR . Anwar, learned senior counsel appearing on behalf of the petitioner submitted that the action of the respondent -RIT in not relieving the petitioner is wholly illegal and male fide. Learned counsel submitted that earlier the petitioner filed an application for doing Ph. D, under QIP but the application of the petitioner was not forwarded by the Principal, RIT when the Junior to the petitioner was permitted to appear in the examination. In 2003 also the petitioner appeared in the written test and interview and was selected by QIP and the recommendation of QIP was duly accepted by IIT, Madras and the petitioner was asked to fulfill certain formalities before joining the programme but the respondent -RIT refused to relieve him for pre - registration visit. Learned counsel submitted that one Mr. B.R. Prasad of the department of Civil Engineering was selected by QIP along with the petitioner and he has been relieved for pre - registration visit and after relieving him the total strength of Civil Engineering Department became less than 65 % but the case of the petitioner has been refused on the ground that the total strength after relieving the petitioner will come to less than 70 %. Learned counsel further drew my attention to various documents annexed with the writ application and the supplementary affidavit and submitted that although according to the procedure only full time regular and permanent employees are entitled to apply for the aforesaid course but the respondent -RIT even relieved the temporary employee for doing Ph. D. namely. Sri. S.B. Prasad.