Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Prateek Sharma, learned counsel for appellant No.1 and Mr. Ramakant Mishra, learned Deputy Solicitor General appearing for appellant No.2 as well as Ms. Hamida Siddiqui, learned counsel appearing for the sole respondent.

2. By way of this writ appeal, appellants have prayed for following relief(s):-

“(i) That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the present case.

(ii) That, this Hon'ble Court may kindly be pleased to set aside the judgment and order dated 19.12.2025 passed by the learned Single Judge in WPS No. 1705 of 2023;

(iii) That, this Hon'ble Court may kindly be pleased to uphold the validity of the Board of Governors' decision dated 21.02.2023 and the consequential order dated 23.02.2023;

(iv) That, this Hon'ble Court may kindly be pleased to hold the Respondent had no right to seek continuation beyond the expiry of his contractual term;

(v) Thạt, this Hon'ble Court may kindly be pleased to pass any such other or further order(s) as this Hon'ble Court may deem fit, proper and just in the circumstances of the case.

(vi) That, the Cost of the petition may kindly also be awarded to the appellant.”

3. The present intra Court appeal has been filed against the order dated 19.12.2025 passed by the learned Single Judge in WPS No.1705/2023 (Dr. Arif Khan v. Union of India and another), whereby the writ petition filed by the writ petitioner/respondent has been disposed of.

4. The brief facts projected before the learned Single Judge were that the writ petitioner was appointed to the post of Registrar in the National Institute of Technology, Raipur pursuant to an advertisement dated 24.01.2020 issued by the Institute inviting applications for one vacant post of Registrar. The advertisement stipulated that the recruitment would be governed by the Recruitment Rules, 2019, which were annexed thereto. Although the recruitment process was initially delayed due to the outbreak of the COVID-19 pandemic, a duly constituted Selection/Recruitment Committee was eventually formed comprising the Director, NIT Raipur, one Professor from NIT Jamshedpur, the Registrar of NIT Jalandhar, and a retired Chief Engineer from Raipur, with respondent No.2 therein acting as the Chairman of the Committee.

5. Pursuant to the said selection process, the writ petitioner was selected and appointed to the post of Registrar, NIT Raipur vide order dated 22.02.2021, and he joined the said post on 24.02.2021. It was the case of the writ petitioner that the appointment was made in accordance with the Recruitment Rules, 2019, which prescribe that the post of Registrar is to be filled for a fixed tenure of five years, subject to the prescribed conditions. It was further pleaded that during the course of his service, the writ petitioner discharged his duties with sincerity and dedication. His performance was placed for review before the 52nd Meeting of the Board of Governors held on 25.02.2022. In the said meeting, the writ petitioner participated as the presenting officer only to the extent permissible and thereafter recused himself when the agenda relating to review of his performance was taken up for consideration. The Board of Governors, after deliberation, found the performance of the writ petitioner to be satisfactory and ratified the approval accorded by the Chairman for confirmation of his appointment for a period of five years with effect from the date of joining. The said decision of the Board of Governors was communicated to the writ petitioner vide letter dated 10.03.2022. However, according to the writ petitioner, no formal order confirming or extending his appointment for a fixed tenure of five years was issued by respondent No.2 therein despite the clear mandate contained in the Recruitment Rules, 2019 and Clause 21(1) of the NIT Statutes, which provide that the Registrar shall be appointed for a fixed term not exceeding five years on de