Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(ALL) 3299

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

Advocates:
Petitioner: Avneesh Tripathi
Respondent: A.S.G.I. and Rohan Gupta

The prescription of recruitment qualifications and eligibility criteria falls within the exclusive domain of an employer's policy. Courts should not interfere in such administrative decisions during judicial review, particularly when the underlying rules governing the recruitment process remain unchallenged by the petitioner.

Headnote:(A) Service Law - Recruitment - Discretion of employer - Prescription of qualifications and eligibility criteria is a policy matter falling within the exclusive jurisdiction of the employer - Courts should not interfere or attempt to prescribe methods of recruitment or substitution of views unless the criteria are arbitrary. (Paras 31, 33, 37)

(B) Judicial Review - Scope and Ambit - Courts lack the technical expertise to reassess the expediency or utility of qualifications prescribed for a post - Judicial review is limited when the employer acts within its mandate to ensure operational suitability. (Paras 30, 34)

(C) Legal Procedure - Challenge to consequential orders - Challenge to an advertisement or recruitment process, while the parent rules or regulations forming the basis of such recruitment remain unchallenged, is not maintainable - Principle of 'Sublato fundamento cadit opus', where the foundation is removed, the superstructure falls. (Paras 40, 44, 45)

Facts of the case:
The appellant, an employee, challenged an advertisement for higher positions, contending that the conditions introduced for recruitment were arbitrary and unfairly prejudiced his promotion prospects. The appellant had argued that the recruitment process was devised to preclude him from participation. However, the appellant failed to challenge the underlying institutional rules and the authority's resolution that established these new recruitment criteria and eligibility standards.

Findings of Court:
The court noted that the institution is empowered to define its staffing structure and recruitment policies. The challenged criteria were verified as part of the employer's mission-mode recruitment strategy, authorized by the institution’s governing body. The court affirmed that the eligibility conditions were within the scope of administrative policy and did not warrant judicial intervention.

Issues: (i) Whether the court may conduct judicial review of qualification standards prescribed by an employer for direct recruitment. (ii) Whether a challenge to a consequential recruitment advertisement can be entertained in the absence of a direct challenge to the statutory rules or board resolutions governing such recruitment.

Ratio Decidendi: The court held that determining qualifications and eligibility is a matter of administrative policy and cannot be altered by judicial mandate. Furthermore, it established that failing to challenge the validity of the bedrock rules or regulations renders a challenge to consequential, derived actions, such as an advertisement, legally unsustainable.

Result: Appeal dismissed.

A.F.R.

(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, Kanpur, (1 IIT- Kanpur) is an engineering institute. Initially, it was a society and subsequently, it was incorporated by the Central Government under the Institutes of Technology Act, 1961, (2 IT Act ,1961). 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 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 had published an advertisement no.1/2023 dated 16.9.2023 inviting applications for recruitment on various p

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2024 Supreme(Online)(ALL) 3299

HIGH COURT OF ALLAHABADHon'ble Mahesh Chandra Tripathi,J. and Hon'ble Anish Kumar Gupta,J.Ram Pratap Singh – AppellantVersusUnion Of India And 4 Others – Respondent SPECIAL APPEAL No. - 345 of 2024 at Allahabad

Cases Referred (6)

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