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2024 Supreme(All) 855

IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Vijaishri Tiwari – Petitioner
Versus
Union of India and Others – Respondents
Writ (A) Nos. 17984, 20794 of 2022
Decided On : 24-05-2024

Advocates:
Advocate Appeared:
For the Petitioners: G.K. Singh, Hritudhwaj Pratap Sahi.
For the Respondents: Shailendra, Rohan Gupta, Anil Kumar Rai.

The court determined that deviations from prescribed selection processes and involvement of candidates in influencing decisions voided the selection process, emphasizing the need for procedural fairness.

Headnote:(A) Indian Institutes of Information Technology Act, 2014 - Sections 32 and 44 - IIIT Allahabad Statutes - Selection Process for Registrar - The petitioner challenged the constitution of the Selection Committee for the post of Registrar, asserting it lacked the required approvals as per Statute 9(5) - The findings of the two-member inquiry committee deemed the entire selection process flawed due to unauthorized committee member inclusion and the addition of a written examination not mentioned in the advertisement (Paras 40, 44).

(B) Fairness in Selection Process - Fairness requires adherence to stipulated procedures to maintain integrity. The Committee's deviations in the selection process led to a decision that was not the outcome of a fair assessment (Paras 50, 51).

(C) Influence in Procedure - The Acting Registrar's involvement in selection decisions raised concerns about fairness, validating the Board's decision to annul the selection (Paras 52, 54).

Facts of the case:
The petitioner, an Acting Registrar, applied for the full-time Registrar position but faced allegations regarding the fairness and legitimacy of the selection process following a formal complaint and subsequent inquiry findings that deemed the selection process illegal.

Findings of Court:
The court upheld the findings of the inquiry committees, highlighting procedural deviations and affirming the Board's decision to void the selection process.

Issues: The main issues were the legality of the Selection Committee's constitution and the introduction of a written test, neither of which followed proper procedures.

Ratio Decidendi: The court ruled that irregularities in the selection process, such as unauthorized committee member participation and failure to communicate the selection process, rendered the entire exercise void.

Result: Writ petitions dismissed.

Table of Content
1. petitioner's role and appointment context (Para 1 , 2)
2. process for selection of registrar at iiit allahabad (Para 3 , 4 , 9 , 11 , 15)
3. selection committee procedures and candidates' rights (Para 5 , 10 , 12 , 14 , 20 , 26)
4. irregularities in committee composition can lead to voiding selections. (Para 6)
5. deviations from statutory procedures in selection process (Para 18 , 22)
6. choosing members without proper approval affects selection validity. (Para 36 , 37 , 38)
7. judicial dismissal of writ petitions (Para 56)

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Petitioner before this Court is holding the post of Professor in Respondent-Institute, i.e., Indian Institute of Information Technology, Allahabad (hereinafter referred to as “IIIT, Allahabad”) and was handed over charge to the post of Registrar (Acting) of Institute on 01.12.2022 due to unfortunate demise of earlier Acting Registrar, Professor Shirshu Verma.

2. In order to appoint a permanent Registrar, the Institute has issued Advertisement dated 27.07.2021 advertising one post of Registrar and one post of Deputy Registrar. “General Instructions” for candidates, being relevant as mentioned in the advertisement, are reproduced hereinafter:

    “GENERAL INSTRUCTIONS TO THE CANDIDATES

    1. Preference will be given to 'Persons with Disabilities', even where reservation is not marked in the table given on 1st page of this advertisement, if suitable PwDs are available.

    2.....

    (a) The Institute reserves its right to place a reasonable limit by putting a certain criteria on the total number of candidates to be called for written test/presentation/seminar/Interview.

    (b) Merely fulfillment of qualifications does not entitle a candidate to be called for written test/presentation/ seminar/Interview.

    (c) The Institute reserves the right not to fill up the posts, cancel the Advt. in whole or in part without assigning any reason and its decision in this regard shall be final.

    3.....

    (a) The SC/ST and OBCS-NCL are required to attach a copy of the Caste Certificate with the application in the format prescribed by the Govt. of India.

    (b) The Institute follows the reservation norms as per GOI rules for SC/ST/OBC and PwDs. Central Govt. approved list of SC, ST and OBC categories as applicable at IIIT Allahabad.

    4. Candidates must ensure before applying that they are eligible according to the criteria stipulated in the advertisement. If the candidate is found ineligible at any stage of recruitment process, he/she will be disqualified and their candidature will be cancelled. Hiding of Information or submitting false Information will lead to cancellation of candidature at any stage of recruitment. The Institute reserves the right to reject any application without assigning any reason whatsoever.

    5. Candidates desirous of applying for more than one post should submit separate application for each post along with requisite application fees.

    6. The Institute reserves the right to assign/transfer the selected candidates to any section/department within the Institute and appointments will be offered accordingly.

    7.....

    (a) The Institute reserves the right to relax any of the qualifications/ experience in exceptional cases.

    (b) Higher initial basic pay may be given to exceptionally qualified and deserving candidate(s).

    (c) Requirement of experience is relaxable at the discretion of the competent authority in the cases of SCs/STs.

    8. The date of determining the eligibility of all candidates in every respect shall be the normal closing date of Advt.

    9. The selection process will consist of:

    (i) Presentation/Seminar & Interview for S. No. 1

    (ii) Written Test/Presentation/Seminar and Interview for S. Nos. 2

    10. Those candidates who will be shortlisted for the Interview will be paid to & fro journey fare by direct shortest route on submission of tickets in original as under:

    Group-A posts at S. Nos. 1 - AC-II (Rajdhani Exp. Also)/Chair car in Shatabdi Exp.

    Group-A posts at S. Nos. 2 - AC-III (Ra)dhanl Exp. Also)/Cha

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