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2015 Supreme(Gau) 518

TINLIANTHANG VAIPHEI
Dibakar Chakraborty – Appellant
Versus
National Institute of Technology – Respondent


Advocates:
Advocate Appeared:
For the Appellants: S.S. Dey, M. Nath, D.P. Borah, A. Chattacharjee
For the Respondents: S.C. Keyal, S.P. Choudhury

JUDGMENT :

Tinlianthang Vaiphei, J.

1. The legality of the annulment of the nominations of the petitioners as members of the Board of Governors of the National Institute of Technology, Silchar is called into question in this writ petition. Though facts pleaded by the petitioners are many, the questions for the decision of this Court are really not so. Both the petitioners are the employees of the National Institute of Technology, Silchar; the petitioner No. 1 is presently serving as Professor in the Department of Civil Engineering, while the petitioner No. 2 is presently working as an Assistant Professor in the Department of Mechanical Engineering. The respondent No. 1 is one of the professional institutes established under the National Institutes of Technology Act, 2007 ("the Act"). The case of the petitioners is that the respondent No. 1 is an instrumentality of the State within the meaning of Article 12 of the Constitution of India and is, therefore, amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India. Section 11(f) of the National Institute of Technology Act, 2007 as amended in 2012 stipulates that one Professor and one Assistant Profess




























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