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RAJIV SAHAI ENDLAW, SANJEEV NARULA
Tallapalli Saikrishna & Ors – Appellant
Versus
Union Of India & Ors – Respondent
JUDGMENT
Sanjeev Narula, J. - The Petitioners, who are employees of Respondent No. 3 - Airport Authority of India (hereinafter referred to as "AAI") and have preferred the present petition under Article 226 of the Constitution of India, 1950 as they are aggrieved by an advertisement dated 3rd July, 2018 (hereinafter referred to as the "impugned advertisement") issued by the AAI for direct recruitment to the post of Manager (Electronics), contending that their promotional avenues for the said post, to which they are otherwise eligible, are being curtailed. At the same time, they seek quashing of the Recruitment and Promotion Guidelines, 2005 (hereinafter referred to as "2005 Guidelines") as well as a circular dated 18th July, 2016 (hereinafter referred to as the "2016 Circular") of AAI. They also seek to challenge the legality of Section 6(1) of the Airports Authority of India (General Conditions of Service and Remuneration of Employees) Regulations, 2003 (hereinafter referred to as the "2003 Regulations") which, they claim, is liable to be quashed as being illegal, ultra vires and without any authority of law, on account of it being excessive delegation in contravention of the Airpo
The main legal point established in the judgment is that AAI had the right to prescribe different eligibility criteria for different cadres and that the impugned recruitment and circular were based o....
The AAI has the authority to regulate its recruitment processes, and its guidelines and advertisements do not constitute excessive delegation or violate employee rights under the applicable statutes.
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
The court mandated adherence to established recruitment procedures under Rule 9(A), quashing any conflicting directives to ensure timely fulfillment of the recruitment process as published in the ori....
The Board of Governors of IIT Kanpur has the authority to establish recruitment rules and qualifications, and courts should not interfere in policy matters unless there is a clear legal error.
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