JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner is presently doing his Fellowship in the Human Genetics Unit of the Indian Statistical Institute (ISI) from 2.8.2013. The Fellowship is for 5 years. The Fellowship, namely, the Ramalingaswami Re-entry Fellowship was instituted by the Department of Biotechnology for Indian nationals working overseas who are interested in scientific research positions in India. The tenure of the petitioner as Ramalingaswami Re-entry Fellow was extended for a further period of 2 years from 1.8.2018.

2. The present writ petition was filed on 22.12.2020 for a mandamus on the respondent no. 4, the Indian Statistical Institute, to call the petitioner for an interview in terms of the petitioner’s application dated 13.9.2018 in response to an advertisement published by the ISI for the post of Associate Professor. The advertisement was published on 14.6.2018. The petitioner also seeks to be absorbed in the post of Associate Professor after emerging successful in the interview.

3. The instant proceeding saw a contempt being filed by the petitioner on the basis of the stand taken by ISI at the initial stage of the writ petition. Learned counsel appearing for the parties subsequently however settled for hearing of the writ petition. The contempt proceedings are hence not being referred to in detail in the judgment since the Court proposes to deal with the issues raised by the petitioner and ISI on the petitioner’s absorption to the post advertised by ISI on 14.6.2018.

4. According to learned counsel appearing for the petitioner, the action on the part of ISI in failing to consider the petitioner for the post advertised is arbitrary and bereft of credible reasons. Counsel submits that the petitioner was kept in the dark as to the status of his application dated 13.9.2018 for the post of Associate Professor in Biological Sciences Division in ISI. It is submitted that the only unambiguous point taken in the affidavit-in-opposition of ISI is that the petitioner was considered for the posts of Assistant Professor as well as Associate Professor but since the petitioner was over-aged for the former, the petitioner’s candidature was evaluated only for the latter i.e. Associate Professor. Counsel submits that the petitioner was 43 years when he applied for the posts in 2018 but has since crossed the age limit for both the posts. Counsel submits that the petitioner is entitled to be selected for the post of Associate Professor in the Biological Sciences Division as per the advertisement published by ISI.

5. The learned DSG appearing for the ISI places the documents in relation to the selection process of the Institute and submits that there has been no arbitrariness therein and the petitioner was not selected since the petitioner’s candidature was not found to be suitable for the post of Associate Professor. Counsel places the Procedure for Faculty Recruitment of ISI where the Divisional Screening Committee – Recruitment (DSC-R) is in charge of evaluation of the candidates for the post advertised by ISI. Counsel submits that the petitioner was undergoing the Ramalingaswami Re-entry Fellowship under the Department of Bio-Technology (DBT) which was the funding agency and ISI was the host institute which provided the petitioner with infrastructural support. Counsel submits that the petitioner cannot claim any right as a Ramalingaswami Fellow for appointment to a faculty position in ISI.

6. The Indian Statistical Institute was declared to be an “Institution of National Importance” by The Indian Statistical Institute Act, 1959. Section 3 of the Act declares that the object of ISI was to make it an institution of national importance while section 4 grants exclusive power to the Institute to hold examinations and grant degrees and diplomas in statistics, mathematics, quantitative economics, computer science and other subjects related to statistics as may be determined by the Institute notwithstanding the University Grants Com