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1997 Supreme(Online)(SC) 64

SUPREME COURT
Not mentioned, J
Dr. H. S. Gupta v. The Chairman Board of Governors I.I.T. Delhi and Others
C.W.P. No. 109 of 1988



The criteria for academic postings must align with both qualifications and department specialization, and applicants must meet both to be considered.

Headnote:This appeal challenged the dismissal of a writ petition by the Delhi High Court regarding the denial of interview opportunities for higher academic posts at I.I.T., Delhi. The appellant alleged discrimination due to qualifications, citing relevant criteria set out in advertisements for the positions. The court noted that the appellant was not selected based on specialisation alignments and qualifications stated in advertised posts. Ultimately, the appeal was dismissed due to insufficient evidence of discrimination in the decision-making process.

Table of Content
1. eligibility criteria must be met for consideration of academic positions. (Para 2 , 6)
2. departmental requirements for specializations dictate the selection process. (Para 8 , 12)
3. long service should be acknowledged in decisions on promotional opportunities. (Para 11 , 13)

1. Leave granted. Heard the appellant appearing in person and the learned counsel for the respondents. This appeal is directed against the order dated January 15, 1988 passed by the Division Bench of Delhi High Court in C.W.P. No. 109 of 1988.

2. The appellant moved a writ petition under Art.226 of the Constitution of India in Delhi High Court which was numbered as C.W.P. No. 109 of 1988 assailing the decision of the Indian Institute of Technology, Delhi as contained in Memo No. 1303, dated April 17, 1986 rejecting the representation of the appellant for the post of Senior Scientific Officer (Grade I) and Memo No. 8553, dated March 25, 1987 and Memo No. 1639, dated 18-5-1987 rejecting the appellant's further representation and also assailing the decision of the respondents in not calling the appellant for interview on January 15, 1988 for the post of Assistant Professor in the civil engineering department. By the impugned order, the Delhi High Court has dismissed the writ petition.

3. The appellant applied for the post of Assistant Professor on July 20, 1987 in the department of Civil Engineering of I.I.T., Delhi in response to the advertisement No. 11/87 (E-1). The appellant was not called for interview because his name was not short listed by the concerned authority. The appellant had also applied earlier for the post of Senior Scientific Officer (Grade I) in the said department pursuant to the advertisement No. 12/85 for such post. He has not called for interview for the said post of S.S.O. (I) as he was not short listed. The appellant made representations for being excluded in the short listing for which he was not called for interview. Such representations were rejected. The appellant sought for personal interview with the Governor of the Board of Management of I.I.T., Delhi but such request was turned down.

4. The appellant is M.Sc. in Mathematics and also a Ph.D. in Mathematics. He is serving as Senior Scientific Officer Grade II in I.I.T., Delhi since 1982 in the Civil Engineering Department. The appellant joined in Civil Engineering Department of I.I.T., Delhi in 1979 under Indo U.K. Collaboration Project on flood forecasting and the appellant has averred in the writ petition that he was selected through open advertisement and competing with other candidates including candidates having engineering degree. The appellant's case is that as a Senior Scientific Officer Grade II, the appellant is working in the speciality of Water Resources Engineering. The appellant has stated that he has contributed in developing mathematical models in the area of Water Resources which according to the appellant, was possible with the background training and skill in the discipline of mathematics coupled with computer and technology. The appellant has contended that on line Real Time flood forecasting model developed by him is known internationally and the Institute has earned name for such model. According to the appellant, he has already taught core courses at M.Tech. level of Water Course Engineering and has also supervised projects at the level of B.Tech. and M.Tech. students of Civil Engineering. The appellant also claims to have served the Civil Engineering Department of I.I.T., Delhi as its Officer in charge of one of its laboratories for several years and has also held assignment for computer counselling to graduate students, research students and faculty colleagues. It may be indicated that the experience of the appellant as indicated by him has not been disputed.
It appears that the appellant's grievance is that the appellant is M.Sc. and Ph.D. in Mathematics and even though he does not possess degree in engineering, he is fully qualified bac









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