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2015 Supreme(Pat) 913

CHAKRADHARI SHARAN SINGH
Kalpana Sinha – Appellant
Versus
Union of India, through the Secretary, N. I. Ts. , Department of Higher Education, Ministry of Human Resources Development – Respondent


Advocates Appeared:
For the Petitioners:Mr. Vinod Kumar Kanth, Sr. Advocate Mr. Mukul Sinha, Advocate
For the Respondent Nos. 1 - 5:Mr. Y.V. Giri, Sr. Advocate Mr. Sanjay Kumar Giri, Advocate
For the Respondent No. 6:Mr. Ashish Giri, Advocate

JUDGMENT :

Whether a Selection Committee constituted to assess the proficiency and knowledge of an Associate Professor, teaching English, with qualification and experience in English, in the National Institute of Technology (hereinafter referred to as “N.I.T”.), Patna, for the purpose of his/her advancement/promotion under Career Advance Scheme (hereinafter referred to as “C.A.S.”), with no expert in English, as its member, can be said to be a validly constituted Selection Committee, on the ground that his/her appointment in the N.I.T. as an Associate Professor being in the subject “Humanities and Social Sciences”, therefore, experts in any field of Humanities and Social Sciences can be treated to be experts in the “subject” within the meaning of Clause - 23 (5) (a) of the First Statutes of National Institute of Technology (hereinafter referred to as the “Statutes”); is the cardinal issue involved in the present writ application, filed under Article 226 of the Constitution of India. There is an ancillary question involved in the present case that the petitioner having participated in the process of selection and interview, whether can challenge the constitution of the Selection Comm


























































































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