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2024 Supreme(Online)(ALL) 187
HIGH COURT OF ALLAHABAD
Hon'ble Mahesh Chandra Tripathi,J. and Hon'ble Anish Kumar Gupta,J.
Ram Pratap Singh – Appellant
Versus
Union Of India And 4 Others – Respondent
SPECIAL APPEAL No. - 345 of 2024 at Allahabad
Petitioner: Avneesh Tripathi
Respondent: A.S.G.I. and Rohan Gupta
The employer has the exclusive discretion to prescribe qualifications and other conditions of service, and the court cannot interfere with the same unless it is arbitrary or contrary to any law.
Headnote:
Recruitment - IIT Kanpur - Institutes of Technology Act, 1961 - Sections 10, 11, 13, 25, 26, 27, 33
Fact of the Case:
The appellant was initially appointed as a Junior Engineer (Trainee) in IIT Kanpur and later got promoted to various positions. The IIT Kanpur issued an advertisement for the post of Executive Engineer, prescribing certain eligibility criteria. The appellant challenged the advertisement, claiming that he possessed the required qualifications and should be allowed to participate in the selection process. The learned Single Judge dismissed the writ petition, and the appellant filed a special appeal against the order.
Finding of the Court:
The court found that the Board of Governors of IIT Kanpur has the power to frame recruitment and promotion rules under the Institutes of Technology Act, 1961. The court held that the prescription of qualifications and other conditions of service is within the exclusive discretion and jurisdiction of the employer, and the court cannot interfere with the same unless it is arbitrary or contrary to any law. The court also found that the appellant was not eligible for the post of Executive Engineer due to the age limit and the prescribed qualifications.
Issues: 1. Whether the court can judicially review the qualifications prescribed by the employer for direct recruitment or promotion. 2. Whether in the absence of a challenge to the rules and regulations, the consequential recruitment process can be challenged.
Ratio Decidendi: 1. The prescription of qualifications and other conditions of service, including avenues of promotions and criteria to be fulfilled for such promotions, is within the exclusive discretion and jurisdiction of the employer. The court cannot direct the employer to have a particular method of recruitment or eligibility criteria. 2. In the absence of a challenge to the basic rules and regulations, the consequential recruitment process cannot be challenged.
Final Decision: The special appeal filed by the appellant is dismissed, and the order of the learned Single Judge is upheld.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Anish Kumar Gupta,J.
(Per : Mahesh Chandra Tripathi, J.)
1. Heard Sri Avneesh Tripathi, learned counsel for the appellant- petitioner and Sri Rohan Gupta, learned counsel for the opposite party nos.2 to 4.
2. Present Special Appeal has arisen from a judgment and order of the learned Single Judge dated 11th March, 2024 passed in Writ A No.19126 of 2023 (Ram Pratap Singh and another vs. Union of India and 3 others) by which the writ petition filed by the appellant-petitioner has been dismissed.
FACTS
3. The facts giving rise to this appeal in a nutshell are that the Indian Institute of Technology, Kanpur1 is an engineering institute. Initially, it was a society and subsequently, it was incorporated by the Central Government under the Institutes of Technology Act, 19612. Initially, the appellant-petitioner was appointed as a Junior Engineer (Trainee) in the pay scale of Rs.1400-2600 in IIT-Kanpur on April 27, 1988 on temporary and adhoc basis for a period of two years from the date of his joining and the said period was extended for a further period of six months vide Office order dated 10.05.1990. Subsequently, his pay scale of Rs.1400- 2600 was changed to Rs.5000-8000/-. In January, 1991 the IIT-Kanpur had published an advertisement for appointment on the post of Junior Engineer and finally, the appellant was selected on the said post.
4. Thereafter, the appellant applied against the advertisement No.2/2005 and he was duly selected on the post of Assistant Engineer (Civil) on regular basis with effect from 14.12.2005 (F/N) or the date of IIT- Kanpur IT Act ,1961 assumption of charge on the position of Assistant Engineer (Civil), whichever is later. He was accorded the first financial upgradation in the Grade Pay of Rs.4600/- vide Office Order dated 08.05.2014 and later on was promoted to the post of Senior Assistant Engineer (SG) in the pay scale of Rs.33100-187800 Level-9 with Grade Pay of Rs.5400/-, with effect from 01.01.2018, vide Office Order dated 30.01.2019. The pay scale of Rs.33,100-1,87,800/- was the same pay scale as given to the promoted Senior Assistant Engineer/Assistant Engineer.
5. Meanwhile, the Board of Directors in its 227th meeting dated 11.10.2018 had approved the Recruitment and Promotion Rules in respect of non-academic staff. The IIT Kanpur decided to adopt and implement the Recruitment and Promotion Rules as per procedures approved by the Board. Thereafter, the promotion policy was notified vide Office Order dated 27.11.2018. The appellant claims that his right to promotion got affected by the new policy and as such, he represented the matter before the IIT Kanpur on 14.06.2019. The same was examined by the Institute Level Grievance Redressal Committee and the Board-Sub Committee, constituted for grievance examinations, wherein it was found that there is no merit in the claim set up by the appellant and he was advised to apply for the promotion as and when the post is advertised, subject to meeting the eligibility criteria. Therefore, the Board of Governors in its 244th meeting dated 12th January, 2022 had refused to accept his request and the same was communicated to him vide letter dated 28.02.2022 issued by the Deputy Registrar (Admin.) of IIT Kanpur.
6. It is claimed that the appellant possessed all the essential qualifications required for being considered for appointment on the post of Executive Engineer. It transpires that in the earlier advertisement dated 25.05.2015 at serial no.3 the posts of Executive Engineer (Electrical) (reserved for OBCs) & Air-conditioning (UR) were mentioned and the applications were invited from the Assistant Executive Engineer with 5 years service in the grade; or Graduate Assistant Engineers with 8 years service in the grade or Diploma holders Assistant Engineers with outstanding records & ability and 10 years service in the grade.
Thereafter, the IIT Kanpur ha
