J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present Letters Patent Appeal is arising out of the judgment dated 15.03.2021 passed by this Court in W.P.(C.) No. 9717/2020 and other connected writ petitions, dismissing the writ petitions preferred by the appellants.

2. The facts of the case reveal that the Government of India as well as the State Governments for revamping the technical education system in the country to make it demand driven with relevant courses in new and emergent technologies with adequate infrastructure resources, competent faculty and effective teaching-learning processes, took an initiative with the help of the World Bank by launching Technical Education Quality Improvement Programme (TEQIP) which was to be implemented in three phases. The first phase commenced from March 2003 to March 2009. The second phase commenced in 2009 till 2017 and the third phase started from March 2017. Large number of Assistant Professors was recruited in TEQIP Project and it was an appointment purely in a project on contract basis for a specified period.

3. The Assistant Professors who were just Assistant Professors in a particular project came up before this Court by filing large number of writ petitions claiming their continuance on the post of Assistant Professor.

4. In one such writ petition i.e W.P.(C.) No. 9647/2020 following reliefs were prayed for by the writ petitioner:

“For the facts and circumstances stated in the accompanying writ petition, it is most, therefore, most respectfully prayed that this Hon’ble Court may be graciously pleased to: -

a. Direct the respondent to allow the petitioner to continue in service on the post of “Assistant Professor” and also pay him regular salary / remuneration, during the pendency of instant writ petition, in the interest of justice;

b. To issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos. 1 and 2 to allow the petitioner to continue on the post of “Associate Professor” till regular selection is held and finalized for the said post;

c. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to allow the petitioner to perform the duties attached to the post of “Assistant Professor” and further pay him regular salary / remuneration, as and when the same becomes dues as per AICTE Rules and Regulations;

d. Pass such other / further order / orders or direction / directions as this Hon’ble Court may deem fit and appropriate on the facts and circumstances of the case.”

The learned Single Judge has dismissed the writ petition and in those circumstances, the present LPA has been filed against the judgment dated

15.03.2021.

5. The facts of the case reveal that the appellant in the present case completed his B.Tech from West Bengal University of Technology in the year 2012. He successfully completed his masters degree i.e. M.Tech from West Bengal University in the year 2014. He was appointed by an order dated 03.01.2018 under the third phase of TEQIP.

6. The advertisement issued on the subject made it clear that the appointment was for a period of 3 years with emoluments of Rs.70,000/- per month. The petitioner wanted to continue in spite of the fact that the period of appointment is over and in those circumstances a writ petition was preferred and the same has been dismissed.

7. The learned Single Judge, while dismissing the writ petition, in paragraph 20 to 27 has held as under:

“20. Having heard the learned counsel for the parties, the only issue which arises for consideration is whether the petitioners are entitled to the reliefs as prayed for.

21. There is no dispute that the petitioners‟ appointment was with regard to a project (TEQIP-III) started on the basis of the funding made by the World Bank. The purpose of the Project is very clear to improve the technical education in the country and the same is to be achieved by appointing faculties in different Govt. / Govt. funded institutes. The terms of appointment of the petitio