Point of Law: Service - Recruitment/Ineligibility/Age bar - age limit has been clearly prescribed as 56 years and method of recruitment as deputation till attaining the age of 62 years - Rules of 2019 already in force before issuance of the advertisement.

ORDER :

1. The petitioner, who is presently serving as an Associate Professor in the Department of Economics, GP Women’s College, Government of Manipur, applied for the post of Registrar of National Institute of Technology (NIT), Manipur pursuant to an Advertisement dated 12.10.2021. After going through the Recruitment Process, the petitioner was selected for the post of Registrar in the NIT, Manipur. The said appointment was a tenure post for a period of 5 (five) years or till attaining the age of 62 years. On being selected for the post of Registrar, NIT, the petitioner was released from the Department of Higher Education on 26.08.2013 for enabling him to join as Registrar, NIT, Manipur.

2. On 3.8.2018, a Vacancy Circular was notified for filling up the vacant post of Registrar, which was caused due to vacation of the post by the Petitioner after completing his tenure. The petitioner, again applied for the post of Registrar, NIT, Manipur. By a letter dated 12.11.2018, the petitioner was asked to appear before the Selection Committee on 29.11.2018. The petitioner, accordingly appeared before the Selection Committee on 29.11.2018. The petitioner was anxiously waiting for the result to be declared. However, the result was not declared and no communication was received by the petitioner. In the meantime, the petitioner again came across another recruitment notice for recruitment to the post of Registrar, NIT, Manipur dated 11.01.2019. In the Recruitment Notice, it was stipulated that the mode of recruitment for the post of Registrar, NIT was on deputation for a period of 5 (five) years or till attaining the age of 62 years, whichever is earlier, or as fixed by the Government of India by orders issued in that regard from time to time. As the petitioner had the requisite qualification and experience, he again applied for the said post. On 02.02.2019, the Principal, GP Women’s College, Government of Manipur, forwarded the application submitted by the petitioner for allowing him to appear for recruitment to the post of Registrar, NIT to the Director, University and Higher Education, Government of Manipur. On 5.2.2019, the Joint Director, Directorate of University & Higher Education, informed the Principal, GP Women’s College, Imphal that the petitioner is free to submit the NOC issued by the Government to the concerned authority.

3. In the meantime, the Under Secretary, Department of Higher Education, Ministry of Human Resources wrote a letter dated 20.02.2019 addressed to all the Directors of all the NITs wherein the recommendations of the Oversight Committee for removal of the anomalies of Non-Teaching Staff and Revised Recruitment Rules (RRs) for Non-Teaching in the NITs was circulated. In the said circular, it was also provided that new set of Recruitment Rules (RRs) for Non-Teaching Staff of all the National Institute of Technology (NITs) were issued vide Ministry’s Communication dated 20.12.2017. It was further provided that all Institutes were advised to strictly adhere to the Non-Teaching Recruitment Rules, (2019) after adoption by the respective Board of Governors.

4. Referring to the Ministry’s earlier letter dated 20.02.2019 another letter dated 4.4.2019 was again issued by the Ministry of Human Resources Development, Department of Higher Education, Government of India to the Directors of all NITs for implementation of the Recruitment Rules for Non-Teaching Staff of NITs based on the recommendation of the Oversight Committee. By the said letter, all the Institutions were advised to adopt the new Recruitment Rules, (2019) for Non-Teaching Staff and strictly adhere to the RRs (2019) and Guidelines/Instructions in tandem with the Communication dated 20.02.2019. A copy of the Recruitment Rules, 2019 was also enclosed. In the enclosed Recruitment Rules, 2019, for the post of Registrars, in NITs, the age limit was provided as 56 years and the post of Registrar is to be filled up by deputation (including short term contract) for a p