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Judgment
This Writ Petition is filed to direct the Respondents to declare forthwith the withheld results of the selection process conducted pursuant to advertisement No. NITANP / OGRT / 2023-24 / FR / 806, dated 11.10.2023 of the Petitioners and grant the movement to a higher grade pay level from the date of declaration of the results with arrears of pay and seniority.
Facts in brief are as follows:
Petitioners are all working as faculty members of the National Institute of Technology, Andhra Pradesh, which is a Central Government-funded Institute under the Ministry of Education, governed by the Statutes of National Institute of Technology, Andhra Pradesh, 2017.
In National Institute of Technology, there is no Career Advancement Scheme/Accelerated Promotion Scheme for the serving regular faculty and they need to apply against a regular notification to meet the eligibility criteria and selection process as per Schedule ‘E’ of the statute, which provides for movement to a higher grade level of serving faculty even where vacancies are not available.
The Respondent-Institution issued an advertisement dated 11.10.2023 in line with the resolution of the Board of Governors dated 13.08.2023 for filling up of 24 vacancies available as on the date of advertisement, at the entry level i.e. Assistant Professor Grade-II (Level-10). In the same advertisement, it was mentioned that for departments not having vacancies at higher pay level would be carried out as per the prescribed selection process and the serving faculty members could apply for higher positions in their own departments. The recruitment consists of both external and internal candidates.
The Board of Governors was apprised of the recruitment process from time to time and the same is recorded in the minutes dated 26th, 28th, and 29th meetings of the Board and obtained approval. The entire selection process was completed in accordance with the statute of the NIT, the guidelines of the Ministry of Education and the decisions of the Board of Governors.
In the 31st meeting, dated 06.09.2024, the Board approved the results of the candidates selected at the entry level only i.e. Assistant Professor Grade-II (Level-10) and appointment orders were issued and the selected candidates have joined the institute. The results of the serving faculty alone were withheld and were linked to be released with a fresh notification and Advertisement dated 16.09.2024. Hence, this writ petition.
In the counter affidavit filed by the Respondents, the facts narrated by the Petitioners were not in dispute and the reason given for deferring the movement of these Petitioners for higher scale is that the same can be considered by consolidating the ongoing selection process with the newly sanctioned 120 faculty positions. It was stated that as per the resolution, there is no requirement of the internal candidates seeking to apply afresh for the consolidated recruitment exercise which was to be completed in (03) months. The other reason given was that a communication was received from the Ministry of Education on 26.12.2024 to defer recruitment process till a regular Director is appointed in Respondent No.2. A reply affidavit was also filed by the Petitioners.
Heard Sri M. Srikanth, learned counsel for the Petitioners and learned Government Pleader for Services-I.
Firstly, the recruitment process was initiated pursuant to the communication received from the Ministry of Education on 15.06.2023 to all the (06) National Institutes of Technology (NIT). The communication was addressed to all the In-charge Directors of the NITs including Respondent No.2. The paragraph Nos.2 and 3 of the communication reads as under:-
“2.In continuation of this Ministry's aforesaid communication, the approval of the competent authority is hereby conveyed to allow the incumbent Director / Director (In-charge) of above named 06 National Institutes of Technology (NITs) to complete the on-going recruitments initiated under the Mission Mode as per the targets / timelines set upto September, 2023 or till appointment of regular Director, whichever is earlier.
3.The incumbent Director / Director (In-charge) of above named 06 NITs are advised to strictly adhere to the recruitment rules / guidelines prescribed for recruitments and to the targets / timelines set under the Mission Mode recruitments while following necessary provisions under the NITSER Act, 2007 and Statutes framed under the Act.”
Pursuant thereto, the recruitment notification was issued by Respondent No.2 on 11.10.2023. The direct recruitment posts of 24 under the notification were concluded and the new recruits joined the faculty of Respondent No.2. The selection committee, after conducting interviews to the serving faculty members i.e., the Petitioners between 31.07.2024 and 09.08.2024 as per the counter affidavit, deferred the results at that stage on the premise that the Petitioners would be considered during comprehensive recruitment of 120 faculty posts.
There is no rationale in the reason given to defer the cases of Petitioners while giving effect to direct recruits. Even otherwise, Respondent No.2 did not give any recruitment notification within the period of (03) months. Though, the employer has freedom to cancel the selection process, but the same should be consistent to all under the said notification and on sustainable reasons. Selective cancelation of recruitment can only be termed as arbitrary and unsustainable. As regards the communication of Respondent No.1, to defer recruitment till a regular Director is appointed, the same should be construed as applicable to future recruitment only.
For the aforesaid reasons, the Writ petition is allowed and the Respondent No.2 is directed to declare the results of the Petitioners under the advertisement No.NITANP/ OGRT / 2023-24 / FR / 806, dated 11.10.2023 and shall give effect to the same. No order as to costs.
As a sequel, the miscellaneous petitions if any shall stand dismissed.