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P.Dhanaseelan vs The Union Of India
2022 Latest Caselaw 1524 Mad

Citation : 2022 Latest Caselaw 1524 Mad
Judgement Date : 1 February, 2022

Madras High Court
P.Dhanaseelan vs The Union Of India on 1 February, 2022
                                                                           W.P.(MD)No.19024 of 2018



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.02.2022

                                                     CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH

                                         W.P.(MD)No.19024 of 2018
                                   W.M.P(MD).Nos.16863 and 16864 of 2018
                       P.Dhanaseelan                                     ...Petitioner

                                                        /Vs./
                     1. The Union of India,
                        Rep.by its Joint Secretary,
                        Ministry of Human Resource Development,
                        Department of Higher Education,
                        Shastri Bhawan,
                        New Delhi-110 001.

                     2.National Institute of Technology, Tiruchirapalli,
                       Represented by its Registrar,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     3.National Institute of Technology, Tiruchirapalli,
                       Represented by its Director,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     4.The Board of Governors,
                       Rep.by its Chairperson,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

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                                                                           W.P.(MD)No.19024 of 2018




                     5.S.Amalan Sigmund Kaushik,
                       Assistant Professor,
                       Department of Architecture,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     6.Dr.Virivinti Nagajothi,
                       Assistant Professor,
                       Department of Chemical Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     7.Dr.Sarthak Mandal,
                       Assistant Professor,
                       Department of Chemistry,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     8.Dr.Sunandan Sarkar,
                      Assistant Professor,
                      Department of Chemistry,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     9.Dr.Somenath Garai,
                       Assistant Professor,
                       Department of Chemistry,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.


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                                                                           W.P.(MD)No.19024 of 2018




                     10.Dr.R.Raghavan,
                       Assistant Professor,
                      Department of Civil Engineering,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     11.Dr.R.Senthil Kumar,
                        Assistant Professor,
                       Department of Civil Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     12.Dr.Jeevan Joseph,
                       Assistant Professor,
                      Department of Civil Engineering,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     13.Dr.S.Marisamynathan,
                       Assistant Professor,
                      Department of Civil Engineering,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     14.Dr.D.Ruben Sudhakar,
                        Assistant Professor,
                       Department of Energy and Environment,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,


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                                                                          W.P.(MD)No.19024 of 2018



                         Tiruchirappalli-620 015.

                     15.Dr.Menka,
                      Assistant Professor,
                      Department of Energy and Environment,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     16.Dr.S.S.Karthikeyan,
                        Assistant Professor,
                       Department of Electronics & Communication Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     17.Dr.Varun P.Gopi,
                       Assistant Professor,
                       Department of Electronics & Communication Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     18.Dr.Shelas Sathyan
                       Assistant Professor,
                       Department of Electronics & Communication Engineering,
                       National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     19.Dr.Karthik Thirumala
                        Assistant Professor,
                       Department of Electronics & Communication Engineering,
                       National Institute of Technology, Tiruchirapalli,


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                                                                        W.P.(MD)No.19024 of 2018



                         Thuvakudi,
                         Tiruchirappalli-620 015.

                     20.Dr.Vivek Mohan
                       Assistant Professor,
                      Department of Electronics & Communication Engineering,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     21.Dr.R.L.Josephine,
                       Assistant Professor,
                       Department of Electronics & Communication Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     22.Dr.Manoranjan Sahoo,
                       Assistant Professor,
                       Department of Electronics & Communication Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     23.Dr.R.Periyasamy,
                       Assistant Professor,
                       Department of Instrumentation & Control Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     24.Dr.P.A.Karthick,
                        Assistant Professor,
                       Department of Instrumentation & Control Engineering,


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                                                                             W.P.(MD)No.19024 of 2018



                         National Institute of Technology, Tiruchirapalli,
                         Thuvakudi,
                         Tiruchirappalli-620 015.

                     25.Dr.C.Geetha,
                        Assistant Professor,
                       Department of Instrumentation & Control Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     26.Dr.S.Nivethitha,
                        Assistant Professor,
                       Department of Management Studies,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     27.Dr.I.Jeyaraman,
                        Assistant Professor,
                       Department of Mathematics,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     28.Dr.Jitraj Saha,
                        Assistant Professor,
                       Department of Mathematics,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     29.Dr.N.Prakash,
                        Assistant Professor,


                     6/26



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                                                                             W.P.(MD)No.19024 of 2018



                         Department of Mathematics,
                         National Institute of Technology, Tiruchirapalli,
                         Thuvakudi,
                         Tiruchirappalli-620 015.

                     30.Dr.Vamsinadh Thota
                        Assistant Professor,
                       Department of Mathematics,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     31.Dr.D.Nagarajan,
                       Assistant Professor,
                      Department of Metallurgical & Materials Engineering
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     32.Dr.V.Karthik,
                       Assistant Professor,
                      Department of Metallurgical & Materials Engineering
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     33.Dr.Ashok Kumar Nallathambi,
                       Assistant Professor,
                       Department of Mechanical Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     34.Dr.R.Kaushik,


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                                                                             W.P.(MD)No.19024 of 2018



                         Assistant Professor,
                         Department of Mechanical Engineering,
                         National Institute of Technology, Tiruchirapalli,
                         Thuvakudi,
                         Tiruchirappalli-620 015.

                     35.Dr.S.S.Harish Kruthiventi
                       Assistant Professor,
                      Department of Mechanical Engineering,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     36.Dr.Vedharaj Sivasankaralingam
                       Assistant Professor,
                      Department of Mechanical Engineering,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.

                     37.Dr.Annupureddy Venkarteswarlu
                        Assistant Professor,
                       Department of Physics,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.

                     38.Dr.Prabal Singh Verma,
                       Assistant Professor,
                      Department of Physics,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.




                     8/26



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                                                                             W.P.(MD)No.19024 of 2018



                     39.Dr.V.Satheeshkumar
                        Assistant Professor,
                       Department of Production Engineering,
                       National Institute of Technology, Tiruchirapalli,
                       Thuvakudi,
                       Tiruchirappalli-620 015.


                     40.Dr.Ganesh Chandra Nandi,
                       Assistant Professor,
                      Department of Chemistry,
                      National Institute of Technology, Tiruchirapalli,
                      Thuvakudi,
                      Tiruchirappalli-620 015.                                 ...Respondents


                     PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
                     India, praying for the issuance of a Writ of Certiorarified Mandamus, to
                     call for the records culminating to the selection of 42 Assistant Professor
                     made in pursuance of the Advertisement No.NITT/R/F/2017/03 dated
                     11.10.2017 issued by the second respondent and to quash the same and to
                     command the respondent Nos.2 to 4 to make fresh selection for the
                     regular post of Assistant Professor in the third respondent institute by
                     operating the “post based” roster prepared in accordance with the
                     Government of India, Department of Personnel and Training O.M.No.
                     36012/2/96-Estt. (Res) dated 02.07.1997, after indicating the number of
                     vacancies earmarked for each reserved and unreserved categories by
                     treating each Department as a unit and as per the Resolution of the fourth



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                                                                                 W.P.(MD)No.19024 of 2018



                     respondent and to appoint the petitioner as Assistant Professor (Fine
                     Arts) in the Department of Architecture of the third respondent Institute
                     on the basis of the qualification as advertised in their advertisement dated
                     13.07.2016, 06.05.2017 and 11.10.2017.




                                    For Petitioner       : Mr.Sricharan Rangarajan
                                                          for Mr.T.Sakthi Kumaran
                                    For R1               : Mr.M.Kannan
                                    For R2 to R4         : Ms.J.Maria Roseline
                                    For R5 to R14 &
                                        R16 to R18       : Mr.V.Meenakshi Sundaram
                                    For R29, R31, R33-
                                       R35, R37 to R40 : Mr.S.Anwar Sameem
                                                          for M/s.T.Antony Arulraj
                                    For R19 to R28,
                                      R15, R32 & R36 : No appearance


                                                          ORDER

The petitioner challenges advertisement dated 11.10.2017 calling

for applications for the post of Assistant Professors in the National

Institute of Technology, Tiruchirapalli [NIT]. As a consequence of the

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

advertisement issued, 36 Assistant Professors have been appointed, all

arrayed as respondents to this writ petition. During the pendency of the

writ petition, several have retired.

2. Seeing as the petitioner's application was for a post in the

Department of Architecture, I am of the view that the challenge must be

restricted only to such applications as relate to the aforesaid department.

Thus, this writ petition is dismissed as regards those respondents, who

have retired and those who are appointed in other Departments, barring

the Department of Architecture.

3. R5 has been appointed as Assistant Professor in the

Department of Architecture and this Writ Petition is thus decided qua the

eligibility of the petitioner to be appointed in the post of Assistant

Professor and the veracity or otherwise of the concluded appointment of

R5. These are the only two issues that arise for consideration of this

Court.

4. NIT is governed by the provisions of the National Institutes

of Technology, Science Education and Research Act, 2007 [ 'NITSER Act

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

2007']. Clause 23 of the First Statutes framed under the provisions of the

Act provide for the mode and method of appointments to be effected by

the Board of Governors, including Academic, Technical or

Administrative appointments.

5. Clause 7 of the First Statutes adumbrate the essential

qualifications for appointments to the position of faculty in the

Department of Architecture as follows:

S.O.947(E)- In exercise of the powers conferred by sub-section (3) and sub-section (4) of Section 26 of the National Institue of Technology, Science Education and Research Act, 2007 (29 of 2007), with the prior approval of the Visitor, the Central Government hereby makes the following statutes further to amend the First Statutes of the National Institutes of Technology, namely-

(1) These Statutes may be called the First Statutes of the National Institutes of Technology (Amendment) Statutes, 2017.

7. For faculty in the Department of Architecture, follwoign shall be essential qualification without insisting on credit point requirements at Assistant Professor level:

(I) M.Arch or M.Plan with one year professional experience; Assistant Professor at Acamedic Grade Pay of Rs.6000;

(ii) M.Arch or M.Plan with two years of professional experience; Assistant Professor at Academic Grade Pay of Rs.7000;

(iii) For higher cadres the educational

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

qualification and credit point requirement shall remain same as given in the table for Engineering and Sciences.

6. The impugned call for appointments dated 11.10.2017 sets

out the essential qualifications in clause 2 as follows:

2.Essential Qualifications:-

(I) Detailed Educational Qualifications, Experience and other criteria for selection shall be as per the modified recruitment rules for Faculty in NITS. It shall be as per Schedule E of the first statutes of the NITs (amendment Statutes 2017) reference Gazette of India dated July 24th 2017.

(ii) All new entrants shall have Ph.D* in the relevant/equivalent discipline and shall have First Class in the preceding Degrees Preceding Degrees:-

* For all Engineering/Architecture Departments B.Tech/B Arch. or any equivalent degree AND M.Tech/M.Arch or any equivalent degree in relevant discipline.

* Candidates having Ph.D. Degree directly after B.Tech. From reputed Institution/Universities will also be considered, if other norms are fulfilled.

* For Humanities/Management/Applied Sciences B.A./B.Sc/B.Com. or any equivalent undergraduate degree and /or M.A./ M.Sc./M.Com./M.B.A./M.C.A or any equivalent P.G. degree in relevant discipline.

* Relaxation for applying to Assistant Professor (On Contract) AGP Rs.6000Rs.7000 in Architecture Department as per Gazette of India notification.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

7. The petitioner would urge that there must be clarity in regard

to what constitutes 'eligible criteria' and Notification calling for

applications must be transparent and adhere to the relevant Regulations

available in public domain. In this instance, the Notification stipulates

that for the Department of Architecture, a B.Tech/B.Arch or any

equivalent degree and M.Tech/M.Arch or any other equivalent degree in

the relevant discipline would suffice. Clause (2)(i) specifically refers to

Schedule E of the First Statutes that, inter alia, contains clause 7, as

noticed earlier.

8. The petitioner had joined the services of NIT pursuant to an

advertisement dated 13.07.2016. He possessed, at that time, the

qualifications of B.R.A., (Bachelors of Fine Arts) and M.F.A., (Master of

Fine Arts) and an M.Phil in History along with industrial work and

teaching experience as an Assistant Professor (Fine Arts). He was called

for a written test and thereafter selected to fill one of 59 temporary

faculty positions in the Department of Architecture. He was appointed on

16.08.2016 as a temporary faculty for academic year (AY) 2016-17.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

9. While so, an Associate Professor in the Department of

Architecture had retired on 31.10.2016 and the petitioner would claim to

have handled the work load of said Associate Professor, till the

completion of his period of service on 30.06.2017. He applied again in

response to an advertisement dated 06.05.2017 to fill 148 temporary

faculty positions and was again appointed to work till 31.12.2017. His

services were extended by letter dated 04.01.2018, till 30.04.2018. He

applied in response to the impugned notification dated 11.10.2017 and

was unsuccessful. Hence this writ petition.

10. Recruitment Rules were introduced anew in the NIT

meanwhile, vide notification dated 21.07.2017 and it is the petitioner's

case that all recruitments made pursuant to the impugned Notification

must be in line with the new Recruitment Rules, as per clause 7 of the

First Statutes. Seen in the context of the aforesaid, the petitioner, who

holds neither an M.Arch nor an M.Plan, is not eligible for appointment.

He does not seriously dispute the position qua his eligibility, except to

state that R5 is also wholly ineligible, since he too holds neither an

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

M.Arch nor an M.Plan, but only a Masters in Landscape Architecture.

11. Since R5 is also not endowed with the requisite

qualification, the petitioner would press into service Article 14 of the

Constitution to state that his candidature must be preferred for

appointment over that of R5, seeing as he has previously worked in the

Department of Architecture for two academic years, also handling the

additional work load of an Associate Professor .

12. The defence of NIT as well as R5 is premised upon the

qualifications prescribed under the Minimum Standards of Architectural

Education Regulations over the years. They argue that Section 83 of the

Architects Act, 1972 ('Act') provides for the constitution of a Council of

Architecture upon whose recommendations, Regulations for minimum

standards in Architectural education are being issued from time to time.

13. The Regulations of the year 1983 have been duly notified

and contain an Appendix which, at clause 2 states that the qualification

for a Reader or an Assistant professor is a B.Arch or equivalent, with

seven years’ experience in teaching, research or professional work, or an

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

M.Arch or equivalent with five years’ experience in

Teaching/Professional work.

14. The Note appended thereto states that the equivalent

qualification shall mean any such qualification as recognized by the

Council of Architecture for registration as an Architect under Section 25

of the Architects Act, 1972. Thus, according to them, the educational

qualification of R5 being M.Plan in Landscape Architecture would

suffice and his appointment is not liable to be disturbed.

15. They also rely on subsequent Regulations issued in 2015

and 2017 that contain Annexures prescribing qualifications, and

equivalence of Post-Graduate Degrees in 28 designated subjects having a

duration of two year/four semester (Full time) or Three years/Six

semesters(part time) granted by Indian Universities or a competent

Authority recognized by the Central and State Government, to an M.Arch

degree, for the purpose of employment in institutions imparting

Architectural education. Landscape Architecture is included in this list at

Serial No.4.

16. The difficulty they face is that the 2015 and 2017

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

regulations have not been notified and cannot be relied upon. There is

thus no question of incorporation by reference of these Regulations into

the First Statues without the proper process of Notification, as

prescribed.

17. In fact, the 2017 regulations were challenged in a writ

petition bearing No.34676 of 2018 by the Academic Society of

Architects. The basis of the challenge was that the 2017 regulations were

being enforced even prior to approval by the Ministry of Human

Resources Development. This challenge was accepted, the Division

Bench holding that the attempt of the respondents to enforce the 2017

regulations even prior to approval, was clearly misconceived.

18. The Bench further observes that the only regulations that

would be enforceable, as they have been duly approved by the

Government as well as gazetted, are the Minimum Standards of

Architectural Education Regulations, 1983, framed under Section 45(2)

(e)(g)(h)(i) and (j) r/w Section 21 of the Architects Act. Reliance of the

respondents upon the 2015 and 2017 regulations is thus clearly

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

misconceived.

19. The Division Bench, in conclusion, states thus:

“30. A reading of the above judgment of the Supreme Court shows that if a Statute confers power to issue Regulations/Guidelines, the same has to be done only in the manner specified under the Statute and not in any other manner. Therefore, the dictum laid down in the said decision of the Supreme Court, will squarely apply to the facts of the present case. Further, Section 21 of the Architects Act gives power to the Council of Architecture to prescribe the minimum standards of Architectural education required for granting recognised qualifications by colleges or institutions in India and such prescription of the Regulations cannot be done independently by the first respondent-Council of Architecture. Thus, the Minimum Standards of Architectural Education Regulations are to be brought into force only by way of due approval of the same by the Central Government and issuance of the same in the Official Gazette of the Union of India as provided under Section 45 of the Act. In the absence of such approval by the Central Government, the said "Minimum Standards of Architectural Education Regulations, 2017", do not have any statutory force and they cannot be implemented. In the present case, the prescription of the Minimum Standards of Architectural Education Regulations, 2017 are being discussed in the meetings of the Council

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

of Architecture. But it is clear that the said 2017 Regulations have not yet been approved by the Central Government till date and only the earlier Regulations of the year 1983 are in force. Under such circumstances, the attempt made by the first respondent-Council of Architecture by issuance of impugned communications dated 31.10.2018 and 03.12.2018 to the Architectural institutions, is not legally sustainable. Therefore, the impugned communications are liable to be quashed, since the first respondent-CoA is trying to enforce the Regulations of the year 2017 even before the same are approved by the second respondent- Central Government.

31. Hence, for the reasons stated above, the Writ Petition is allowed as prayed for. Consequently, W.M.P. is closed. No costs.”

20. The 1983 Regulations read with the explanatory Note

contained thereto, still stare the petitioner and R5 in the face as they

prescribe a Masters Degree or equivalent, such equivalence connoting

any qualification as may be recognised by the Council of Architecture

for registration as an architect. For this purpose, one may refer to

Section 25 of the Architect Act which deals with qualification for entry

in the register of architects.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

21. Section 25 states that the Tribunal constituted for inclusion

of names in the registers, the Registration Tribunal, would direct the

entry of the name of the applicant in the register, if he holds recognised

qualifications or possesses other qualifications as may be prescribed by

the Rules. 'Recognized qualification' is defined in Section 2[d] of the Act

as any qualification in Architecture for the time being included in the

Schedule or notified under Section 15.

22. Section 15 refers to qualifications granted by authorities in

foreign countries and is not relevant for purposes of this case. The

Schedule to the Act does not refer to a Masters Degree and refers only to

Under-Graduate degrees. Reliance upon in Appendix B of the 1983

Regulations and the explanatory Note, thus, takes us nowhere.

23. In light of clause 7 of the First Statues, which is categoric

to the effect that only a Masters in Architecture or a Masters in Planning

with the required experience will suffice, the question of equivalence

does not arise at all.

24. This conclusion would render both the petitioner as well as

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

R5 ineligible for appointment, R5 as the degree held by him, a Masters

in Landscape Planning does not satisfy the essential qualifications set out

under Advertisement dated 11.10.20174 and the petitioner as admittedly

he has not studied Architecture let alone acquired a Masters degree in

that subject.

25.Detailed submissions have been made in regard to the

application of the reservation policy in effecting the appointments.

While the respondents would submit that, in making the appointments,

they have applied the applicable rules of reservation within the

framework of flexible cadre of structure, the petitioner would point out

that there is no reference to this in the notification.

26.He is right on this score. The Board of Governors, at the

20th meeting held in January 2010, have discussed the issue relating to

faculty recruitment directing specific attention to the following issues:

“(a) The number of vacancies available in various departments for various posts must be clearly specified in advance.

(b) Those candidates who had applied against the earlier advertisement may not be needed to apply again, but should be allowed to upgrade and uplink any additional data in their bio-data

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

subsequent to their application that could add value to their candidature.

(c) The positions in the various departments must be based on work load, students' number, etc.

(d) The reservation policy of the Government of India must be fully implemented and so specified in the advertisement in terms of number of posts available under the reservation policy.

(e) This new advertisement with the number of vacancies clearly specified must be approved in a HODs' meeting and subsequently by the Senate.

(f) Further Board resolved that, after the completion of above process it could be circulated to the Chairman and members of the Board and approval obtained through circulation note.

(g) After fulfilling the above, the advertisement is to be released.”

27.The impugned advertisement dated 11.10.2017 does not

confirm to this directive, as nowhere does it stipulate, as has been

specifically directed by the Board, the specific number of posts per

category. It is only the counter which gives the break-up as being 11

vacancies of which, six relate to OC, three to OBC and one each to SC

and ST. These details ought to have been stipulated in the advertisement

itself and the omission to do so is a fatal flaw that, to my mind, vitiates

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

the procedure followed in effecting appointments. The qualifications

stipulated are also, as per the discussion in the paragraphs supra, not in

line with the required regulations.

28. The opacity of the selection process and the errors in regard

to the qualifications of the aspirants to the posts are indeed a matter of

concern to the Court. It appears clear to me that all is not well as regards

the method, methodology as well as the procedure followed by NIT, in

effecting appointments, at least with regard to the Department of

Architecture.

29. In light of the detailed discussion as above, the

appointment of R5 is set aside. There shall be a fresh call for filling in

the vacancies that arise consequent upon this order and the process shall

be strictly in line with the stipulations under the First Statues and the

1983 Regulations, such exercise to be concluded within a period of three

months from today.

30. This Writ Petition is disposed in the aforesaid terms. No

costs. Connected miscellaneous petitions are closed.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

01.02.2022 Index :Yes/No Internet : Yes ssb

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19024 of 2018

DR.ANITA SUMANTH, J.

ssb

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

Order made in W.P.(MD)No.19024 of 2018

Dated:

01.02.2022

https://www.mhc.tn.gov.in/judis

 
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LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

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LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
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