ORDER

1. This petition under Article 226 of the Constitution of India has been preferred against the order dated 29.5.2015 and also the order dated 5.3.2015 passed by the Director, Maulana Azad National Institute of Technology, Bhopal, whereby the appointment order of petitioner dated 10.8.2005 has been cancelled with immediate effect.

2. Petitioner holds a Bachelor degree in Architecture (B Arch.) in First Division of the year 2002 from Maulana Azad National Institute of Technology and also registered with the Council of Architecture and has experience of having work as associate in a private Architecture firm.

3. The respondent No.2 is Maulana Azad National Institute of Technology, Bhopal (hereinafter referred to as Institute), a deemed University under the National Institute of Technology Act. The Institute invited applications for 47 posts of Lecturers, 13 posts of Assistant Professors, two posts of Assistant Librarians and one post of Training and Placement Officer in the rank of Professor. The essential qualifications for the aforeadvertised posts was as per the AICTE norms.

4. Pursuant to the advertisement, petitioner applied for the post of Lecturer (Architecture and Planning) under Scheduled Caste category. She was called for interview with the original documents for verification (Annexure P-6). The Selection Committee after verification of her educational qualifications and experience issued an appointment letter dated 10.8.2005, appointing her on probation for a period of two years with effect from the date of joining duty, subject to medical fitness, satisfactory character antecedents verification through the police authorities and the verification of the caste certificate (for reserved category). The appointment letter mentioned that her appointment shall be governed by the terms and conditions of service of the Institute and any subsequent notification/amendment that may be made therein from time to time. Petitioner joined the post on 16.8.2005 and was confirmed on 16.8.2007 after successful completion of her probation period of two years. In the year 2009, she was awarded Masters’ degree (M.Tech.) in Urban Development and Planning. She also applied for Ph.D. and was granted permission vide letter dated 24.2.2011.

5. The petitioner was issued a show cause notice dated 27.6.2011 stating that she did not possess the minimum qualification/eligibility required for the post of Lecturer, but managed the selection by concealment of facts by illegal means and with the connivance of the power. The show cause notice was based on the recommendation of a two Member Committee, which was subsequently considered by the competent appointing authority. The petitioner replied to the said show cause notice asking for certain documents which were supplied to her vide letter dated 8.7.2011. However, the aforestated proceedings were dropped after considering the reply of the petitioner and no further action was taken on the show cause notice.

6. Petitioner’s appointment was however, cancelled with immediate effect vide order dated 5.3.2015 based on the recommendation of two enquiry committees, namely Lodha Committee and Justice M.A. Siddiqui Committee. The Lodha committee enquired into the selection/appointment made on the aforesaid post in the year 2005 and found that the selection process was not in accordance with the law/prevailing rules and AICTE norms mentioned in the advertisement, which has vitiated and relegated the entire selection process to be an eye wash and recommended quashment of entire selection process. Thereafter, Justice M.A. Siddiqui Committee was constituted on 25.4.2014 to review and analyse the recommendations of the aforesaid two member committee. This committee found the appointment of present petitioner alongwith four others as illegal and without proper qualification. This report was submitted to the Boa