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2015 Supreme(All) 426

ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA AND MRS. RANJANA PANDYA, JJ.
TEACHERS ASSOCIATION MNNIT, ALLAHABAD AND ANOTHER ….Appellants
Versus
UNION OF INDIA AND OTHERS ….Respondents
(Civil Misc. Writ Petition Nos. 51603 of 2014 and 4998 of 2015, decided on 30th April, 2015)

Advocates:
Counsel :
Anupam Kumar and T.P. Singh for the Appellants; A.S.G.I., Gyan Prakash, Ramesh Upadhyaya and Krishna Agarwal for the Respondents.

Headnote:National Institute of Technology Act, 2007—Sections 26(1), 37, 30-32, 34 and 25—NIT Faculty Recruitment Rules, 2013—Rules 1, 3,7 and 8—University Grant Commission Act, 1956—Section 3—NIT—Faculty Cadre—Scope—Recruitment Rules for the faculty posts under Four-Tier Flexible Faculty Cadre in N.I.T.s—Petitioner's Associations resisting the implementation of four tier system—A new statute or statute amending or repealing an existing statute shall have no validity unless it has been assented by the Visitor—Rules have to be introduced through statutory forum i.e. by incorporating the same and making the same as part of the Statute and admittedly the same has not been done—Policy decision has also to be incorporated in the statute—Till the said policy decision is not made part of the statute and assent is not taken by the Visitor, the same cannot be enforced. [Paras 28 to 36]

       Result; Petitions Disposed of.

JUDGMENT

By the Court.—Teachers’ Association of Motil Lal Nehru National Institute of Technology, Allahabad through its Secretary, Dr. Ravi Prakash Tiwari has come up before this Court with the following prayers:

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement No. 10/2014 dated 17.9.2014 issued by Registrar, Motil Lal Nehru National Institute of Technology, (MNNIT), (respondent No. 4), Allahabad.

(ii) Issue writ, order or direction in the nature of certiorari, quashing the Government of India, Ministry of Human Resource Development (H.R.D.) notification dated 23.8.2013 and 18.3.2013 and 15.1.2014 issued by Director (NITs) respondent No. 2.

(iii) Issue a writ, order or direction in the nature of Mandamus directing the concerned respondents to proceed with “Mapping” of existing faculties at all levels at appropriate places in four tier flexible system, as followed in IITs.

(iv) Issue a writ, order or direction in the nature of Mandamus, directing the concerned respondent to continue and proceed with the implementation of the AICTE and UGC guidelines for Career Advancement Scheme till the amendment of the Act is affected and appropriate Statutes are framed after removal of anomalies.

(v) Issue a writ, order or direction in nature of Prohibition restraining concerned respondents from changing the service conditions of the petitioners by restraining them from implementing and enforcing the Model Recruitment Rules in view of the notification of respondents dated 18.3.2013.

2. Same set of petitioners in Writ Petition No. 4998 of 2015 have come up with the following prayers:

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement No. 13/2014 dated 18.12.2014 issued by Registrar, Motil Lal Nehru National Institute of Technology, (MNNIT), (respondent No. 4), Allahabad for the post of Associate Professor and Professor.

(ii) Issue writ, order or direction in the nature of certiorari, quashing the Government of India, Ministry of Human Resource Development (H.R.D.) notification dated 23.8.2013 and 18.3.2013 and 15.1.2014 issued by Director (NITs) respondent No. 2.

(iii) Issue a writ, order or direction in the nature of Mandamus directing the concerned respondents to proceed with “Mapping” of existing faculties at all levels at appropriate places in four tier flexible system, as followed in IITs.

(iv) Issue a writ, order or direction in the nature of Mandamus, directing the concerned respondents to continue and proceed with the implementation of the AICTE and UGC guidelines for Career Advancement Scheme till the amendment of the Act is affected and appropriate Statutes are framed after removal of anomalies.

(v) Issue a writ, order or direction in nature of Prohibition restraining concerned respondents from changing the service conditions of the petitioners by restraining them from implementing and enforcing the Recruitment Rules, 2013 in view of the notification of respondents dated 18.3.2013.

3. Both the writ petitions have been taken up today and Civil Misc. Writ Petition No. 51603 of 2014 has been treated as leading writ petition.

4. Petitioner No. 1 claims to be registered Forum/Association duly recognized by Board of Governors of Motil Lal Nehru National Institute of Technology under the provisions of Societies Registration Act, 1860. Petitioner No. 1 claims to be association comprising a large number of teachers working in MNNIT, Allahabad and claims to represent the agonies of the teaching faculty of the Institute.

5. Initially Motil Lal Nehru Regional Engineering College was one of the Regional Engineering Colleges and thereafter alongwith other 16 Regional Engineering Colleges, Moti Lal Nehru Regional Engineering College was converted into Motil Lal Nehru National Institute of Technology and the status of a deemed University was acc









































































































































































































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