LPA 284/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 02.08.2022

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Judgment delivered on: 24.08.2022

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LPA 284/2021 & CM. APPL. 33833/2022

RABEL GUHAROY

..... Appellant

Through:

Mr. Anand, Ms. Rajeshri N. Reddy,

Advocates

versus

UNION OF INDIA & ORS.

....Respondents

Through:

Mr. Anil Soni, CGSC for R-1/UOI

Mr.Devesh Dubay, Advocate for R-

2/AICTE

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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

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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:

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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

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judgments in the case of Karnataka State Private College Stop

Gap Lecturers Association (supra), State of Karnataka v. Uma

Devi (supra) are concerned, the same have no applicability in

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appointment is co-terminus with the project and (iii) in Uma

Devi (supra), the Supreme Court has held that appointments

in relying upon the Judgment in the case of Mohd. Abdul Qadir

and Ors. (supra) wherein in Para 13 to 15, the Supreme Court

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regularization.”

infructuous.”

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