Back
1997 Supreme(SC) 913
1997(6) Supreme 251
SUPREME COURT OF INDIA
G.N. Ray and G.B. Pattanaik, JJ.
Dr. H.S. Gupta -Appellant
versus
The Chairman, Board of Governor I.I.T, Delhi and Ors.-Respondents
Civil Appeal No. 4294 of 1997
(Arising out of SLP (C) No. 5394 of 1988)
Decided on 8-7-1997
Headnote:Constitution of India-Art. 136-Appellant applied for post of Assistant Professor in department of Civil Engineering of I.I.T. Delhi-He was not called for interview-Appellant had also applied earlier for post of Senior Scientific Officer (Grade I)-He was not called for interview as he was not short listed-Appellant is M.Sc., Ph.D. in Mathematics-He is serving as Senior Scientific Officer Grade II in I.I.T. Delhi since 1982 in Civil Engineering Department-Appellant does not possess any degree in engineering-It cannot be held that arbitrarily or capriciously appellant s case had been considered-No relief can be given to appellant-However, considering his long experience, Board of Governors would see that experience of appellant is properly recognised.
Held : From the facts and circumstances of the case placed before this Court, it cannot be held that arbitrarily or capriciously the appellant s case had been considered and he was not short listed and called for interview on both the occasions in a designed manner. Unfortunately, when the advertisement Nos.13/89 and 17/89 were advertised, the appellant did not apply. We may however state that it has not been correctly contended in the counter affidavit that either for the post of Senior Scientific Officer or Assistant Professor, unless the basic degree in Civil engineering is not possessed, a candidate cannot be considered for interview. As a matter of fact, in the advertisement No. 12/85 it was specifically mentioned that the holder of Post Graduate Degree in the field of Science was eligible to apply. (Para 11)
Further held : In the absence of any material on the basis of which this Court can come to the finding that the case of the appellant has not been considered deliberately and in a calculated manner to ensure that he would not be selected to the post of Senior Scientific Officer Grade I/Assistant Professor, we are afraid that no relief can be given to the appellant in this appeal. The appeal, therefore, fails and is dismissed. (Para 12)
Consequently held that the appellant has been serving the Institute in Civil Engineering Department for a number of years and has been rendering a very useful service in the department by guiding under-graduate and post-graduate students in the Civil Engineering department and also the research scholars. There is no manner of doubt that apart from his qualification as M.Sc. and Ph.D. in Mathematics, the appellant has gained a long experience in the field in water resources management. It will be only unfortunate if his future career is blocked for ever only on the score that he does not possess degree in civil engineering. The appellant has been selected for the post of Senior Scientific Officer Grade II by competing with the candidates having engineering degree. It will not be fair and just to deny the appellant an opening or chance of future promotion even though the appellant was selected as Senior Scientific Officer Grade II as far back as in 1982. We reasonably expect that the Board of Governors of I.I.T., Delhi will keep in mind the misfortune and prejudice suffered by the appellant for not getting any suitable avenue for promotion despite his long years of service in the Institute. We have no doubt that the Board of Governors would be alive to the misery of the appellant and would see that the experience of the appellant is properly recognised so that he gets an opening for appropriate posting in promotional post either in the civil engineering department or any other suitable department by inter departmental transfer where his specialisation may be gainfully utilised in the best possible manner. (Para 13)
JUDGMENT
G.N. Ray, J.-Leave granted. Heard the appellant appearing in person and the learned counsel for the respondents. This appeal is directed against the order dated January 15, 1988 passed by the Division Bench of Delhi High Court in C.W.P. No. 109 of 1988.
2. The appellant moved a writ petition under Article 226 of the Constitution of India in Delhi High Court which was numbered as C.W.P. No. 109 of 1988 assailing the decision of the Indian Institute of Technology, Delhi as contained in Memo No. 1303 dated April 17, 1986 rejecting the representation of the appellant for the post of Senior Scientific Officer (Grade I) and Memo No. 8553 dated March 25, 1987 and Memo No. 1639 date 18.5.1987 rejecting the appellant s further representation and also assailing the decision of the respondents in not calling the appellant for interview on January 15, 1988 for the post of Assistant Professor in the civil engineering department. By the impugned order, the Delhi High Court has dismissed the writ petition.
3. The appellant applied for the post of Assistant Professor on July 20, 1987 in the department of Civil Engineering of I.I.T. Delhi in response to the advertisement No. 11/87 (E-1). The appellant was not called for interview because his name was not short listed by the concerned authority. The appellant had also applied earlier for the post of Senior Scientific Officer (Grade I) in the said department pursuant to the advertisement No. 12/85) for such post. He has not called for interview for the said post of S.S.O. (I) as he was not short listed. The appellant made representations for being excluded in the short listing for which he was not called for interview. Such representations were rejected. The appellant sought for personal interview with the Governor of the Board of Management of I.I.T. Delhi but such request was turned down.
4. The appellant is M.Sc. in Mathematics and also a Ph.D. in Mathematics. He is serving as Senior Scientific Officer Grade-II in I.I.T. Delhi since 1982 in the Civil Engineering Department. The appellant joined in Civil Engineering Department of I.I.T., Delhi in 1979 under Indo-U.K. Collaboration Project on flood forecasting and the appellant has averred in the writ petition that he was selected through open advertisement and competing with other candidates including candidates having engineering degree. The appellant s case is that as a Senior Scientific Officer Grade II, the appellant is working in the speciality of Water Resources Engineering. The appellant has stated that he has contributed in developing mathematical models in the area of Water Resources which according to the appellant, was possible with the background training and skill in the discipline of mathematics coupled with computer and technology. The appellant has contended that on line Real Time flood forecasting model developed by him is known internationally and the Institute has earned name for such model. According to the appellant, he has already taught core courses at M.Tech. level of Water Course Engineering and has also supervised projects at the level of B.Tech. and M.Tech. students of Civil Engineering. The appellant also claims to have served the Civil Engineering Department of I.I.T., Delhi as its Officer-in-charge of one of its laboratories for several years and has also held assignment for computer counselling to graduate students, research students and faculty colleagues. It may be indicated that the experience of the appellant as indicated by him has not been disputed.
5. It appears that the appellant s grievance is that the appellant is M.Sc. and Ph.D. in Mathematics and even though he does not possess degree in engineering, he is fully qualified backed by long experience in the department of civil engineering in I.I.T. Delhi to hold the post of Senior Scientific Officer Grade I and also the post of Assistant Professor in the department of Civil Engineering.
6. The appellant is aggrieved because although as per advertisem
