IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.446 of 2011 ============================================= Dr.Lal Bahadur Roy, FIE, s/o- Sri Jaldhar Roy, r/o- 301, Madhukunj Apartment, Near Forest Office, Nehru Nagar, Patna-13, presently working as an Associate Professor (Civil Engineering) at N.I.T.) Patna, P.S.- Patliputra, Town and District- Patna. .... .... Petitioner/s Versus 1. The Union Of India through the Secretary, (Higher Education), Ministry of Human Resources Development Department, Govt. of India. 2. The Director, National Institute of Technology, NIT, Patna. 3. Registrar, N.I.T. Patna. 4. Head, Civil Engineering Department, N.I.T., Patna. 5. Members, Selection Committee, N.I.T., Patna. .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. Amar Nath Singh For the Respondent/s : Mr. Raghib Ahsan(Asst.SG) ============================================= 9 26-09-2011 Petitioner is serving the National Institute of Technology, Patna (for short “N.I.T.”) as an Associate Professor in the Department of Civil Engineering after having been appointed as such in the year 2005. The N.I.T. issued an advertisement in the year 2008 for appointment to the post of Professor and other academic posts/positions. Total posts of Professor in Civil Engineering Department was/were three. As per the advertisement, the minimum educational qualification and experience for the candidate for the said post(s) was as follows: “Professor Educational Qualification & Experience for Candidates from Teaching: Ph.D. Degree with First Class Degree at 2 Bachelor’s or Master’s level in appropriate Branch of Engineering/Technology with 10 (ten) years experience in Teaching/Industry/Research out of which 5 (five) years must be at the level of Assistant Professor or equivalent.” The advertisement further prescribed the field of specialization in Structures (preferably with Earthquake, Water Resources and Transportation). Petitioner found himself eligible as per the criteria/requirement spelt out in the said advertisement and applied for the post of Professor in Civil Engineering. Since the petitioner was not short-listed and not called in for interview scheduled on 13.1.2011, he lodged the present case seeking a direction upon the respondents to consider his candidature for the post in question. Two sets of supplementary affidavits and two sets of counter affidavits have been filed on behalf of the parties which are part of the records. Heard the parties at length. The case of the petitioner, in brief, is that he was appointed as an Associate Professor at N.I.T. in the Department of Civil Engineering by an order dated 3 8.12.2005 (Annexure-1). The educational qualification of the petitioner is B.Sc. (Engineering) First Class with distinction, M.E. First Division with Honours, Ph. D. Civil Engineering (Water Resources Engineering). He has done thesis/dissertation involved in several research activities and is author of several books, papers published in international journals, national journals and presented in national/international conferences. As per the advertisement (Annexure-3), the minimum qualification and experience required for the post in question is/was Ph.D degree with First Class, Degree of Bachelor’s or Master’s level in appropriate Branch of Engineering/technology with 10 (ten) years experience in teaching/Industry/Research out of which 5 (five) years must be at the level of Reader/Associate Professor or equivalent grade. For the post of Professor in the Civil Engineering Department, the advertisement further prescribed the field of specialization i.e. Structure (preferably with Earthquake), Water Resources and Transportation. It is the case of the petitioner that he has worked as an Associate Professor of Irrigation Engineering for eight and a half years on deputation and also worked for four years as the Head of Department of Irrigation Engineering in the 4 faculty of Water Technology under Arba Minch University under Federal Democratic Republic of Ethiopia. When the petitioner was not issued interview letter, he inquired from the office only to find that his work done in Ph.D Research and Teaching has not been treated as specialization in the field of Water Resources by the Selection Committee as a result whereof, he has not been short listed for interview. In the counter affidavit(s) filed on behalf of respondent Nos. 2 to 4, It has been asserted that the petitioner does not fulfill the educational criteria as required in the advertisement (Annexure-3). Petitioner has Ph.D degree and has First Class degree at Bachelor’s and Master’s level but field of specialization at M. Tech./Master’s level of the petitioner is not as per the terms of advertisement for the post of Professor in Civil Engineering. The matter was considered by the Professorial committee of N.I.T. The said Committee, on consideration of the case of the petitioner, found that the specialization at M. Tech./Master’s level of the petitioner is not as per the advertisement. Scrutiny of application was done by the Professorial Committee constituted for the said purpose under the orders of Director of the respondent N.I.T. which is 5 a separate body/committee whereafter he was found ineligible for the post. The petitioner, in the supplementary affidavit, asserted that for the posts in question, only three persons appeared in the interview on 13.1.2011 including the petitioner who was permitted by interim order to appear thereat. In paragraph No. 4 thereof, it has been asserted that the petitioner fulfills all the eligibility qualifications for the post in question. He claimed specialization in water resources on the strength of facts enumerated in various sub-paragraphs of paragraph 4 of the supplementary affidavit. In reply, the respondents have reasserted that based on averments made in paragraph 4 of the supplementary affidavit, it cannot be said that the petitioner possesses the educational qualification as required under the advertisement in question at Master’s level and as such his candidature was rightly rejected by the Professorial Committee. It appears that the moot question calling for consideration is whether petitioner possesses the requisite educational qualification as per the advertisement or not. In order to support his case, the petitioner filed second 6 supplementary affidavit stating therein that one Dr. Dharmendra Kumar Singh who had B.Sc. degree in Electronics and Communication Engineering and M. Tech. in Electrical Engineering was short listed, interviewed and was subsequently appointed to the post of Professor in the Department of Electronics and Communication Engineering on the recommendation of the Selection Committee although he had not the basic requirement for the post of Professor i.e. B. Tech and M. Tech. Degree in appropriate branch of Engineering as per the advertisement. The petitioner, in the said supplementary affidavit further asserted that after completing his M. Tech. in Civil Engineering, he obtained specialization in Water Resources by way of doing Ph.D Research/teaching (both Under Graduate and Post Graduate courses) and, thus gained experience in the field of Water Resources. Petitioner, in this connection, has placed reliance on a judgment of the Apex Court in the case of H.S. Gupta versus The Chairman, Board of Governor, I.I.T. Delhi and Ors. (A.I.R. 1997 S.C. 2927) = (1999) 10 S.C.C. 736 to emphasize that experience gained at the Ph.D level in the required filed of specialization can be looked at and considered. 7 The respondents filed supplementary counter affidavit and sought to explain the circumstances under which aforesaid Dharmendra Kumar Singh was considered and appointed. It is stated in paragraph 5 thereof that application of Sri Dharmendra Kumar Singh for the post of Professor was referred to the Equivalence Committee (consisting of Professors of the Institute of repute). Said committee, on consideration of relevant documents filed by Dr. Dharmendra kumar Singh opined that he may be called for interview for the post of Professor in Electronics and Communication Engineering Department. The case of the petitioner was , however, rejected out rightly by the Professorial Committee of the N.I.T. on the ground that his specialization at M. Tech. level was not as per advertisement. With regard to his gaining experience at the Ph.D level in the field of Water Resources, a stand has been taken that the petitioner may have gained experience at the Ph.D level but that cannot be counted and/or considered in the matter of direct recruitment. While considering application for direct recruitment, the authorities are required to consider whether the minimum educational qualification and experience of a candidate is/are as per the terms of 8 advertisement or not. The respondents sought to explain the factual background in which the judgment [H.S.Gupta (supra)] was rendered by the Apex Court. It is highlighted that the Supreme Court ultimately dismissed the appeal preferred by Mr. Gupta. The petitioner has educational qualification of B. Tech. First Class and M. Tech. First Class at the Master’s level. He has specialization in Geo Technology at Master’s level. There is no dispute that he has specialization in the field of Water Resources at Ph.D level. Specialization at Master’s level in Water Resources, as per the advertisement, was the essential qualification required for the post in question to be filled up by direct recruitment. The matter was considered by the Professorial Committee constituted for the said purpose under the orders of the respondent Director of the N.I.T.. On considering the educational documents respecting the petitioner, the said Committee rejected his candidature as not having specific specialization at M. Tech. level as would appear from Annexure-A to the counter affidavit. Thereafter, petitioner filed few more documents by way of supplementary affidavit whereafter the matter was again referred to the Professorial Committee by the respondent Director of N.I.T. for review. 9 The Professorial Committee again reviewed the matter and it was rejected. The N.I.T. advertised posts of Professor, Civil Engineering as would appear from the advertisement (Annexure-3). Minimum qualification required therefor is Ph.D degree with First Class degree at Bachelors or Master’s level in appropriate branch of Engineering/Technology with 10 years experience in teaching/industry/Research. Case of the petitioner is that he possesses Bachelor’s degree and Master’s degree in Civil Engineering. At the Ph.D level, he has the requisite specialization in Water Resources in regard to which there is no controversy. The case of the respondents is that the petitioner had pursued at the Master’s level (M. Tech.) Geo- Technology. He has, therefore, not the requisite specialization in the field of Water Resources at the Master’s level and as such the Professorial Committee rejected his case for want of requisite specialization at M. Tech. level. On a close scrutiny of the minimum educational qualification, as per advertisement, it appears that an applicant/candidate is required to possess Ph.D degree with First Class degree at Bachelor’s or Master’s level in 10 appropriate branch of Engineering/Technology. Bachelor in Civil Engineering or Master degree (M. Tech.) in Civil Engineering, therefore, can be said to be the appropriate branch of Engineering/Technology fulfilling the requirement. There is no controversy that at the Ph.D. level, the petitioner has requisite specialization in Water Resources. The view taken hereinabove, however, is only a possible view. It would not be appropriate for the Court in such matter to substitute its views. The employer best knows the minimum educational requirements for a post. In somewhat similar circumstances, case of Dr. Dharmendra Kumar Singh, an applicant for the post of Professor in Electronics and Communication Engineering Department was not initially found possessing requisite specialization at the Master’s (M. Tech.) level as he had Master’s degree in Control System from Electrical Engineering. In order to judge his eligibility for the post, the matter was referred to another Committee of the Professors of reputed Institute(s) constituted by the Director of the respondent N.I.T. called the “Equivalence Committee”. The said Committee, on a consideration of the matter, found him eligible even though at the Master’s level he had pursued Control System in 11 Electrical Engineering. On a consideration of the matter and in the light of the pleadings on record, in my view, in the fitness of things, an opportunity be granted to the petitioner for evaluation of his eligibility on the post in question by an independent body of eminent Professor in the field of Engineering. Let the Director of the respondent N.I.T. direct the case of the petitioner to be placed before the Committee called Equivalence Committee to be constituted by respondent Director of N.I.T. for considering the eligibility/educational criteria for the post in question. In case the petitioner is found educationally qualified and/or eligible, then the said Committee shall make appropriate recommendation and the candidature of the petitioner for the post in question shall be considered accordingly by the respondents in accordance with law. Let the respondent, particularly respondent No. 2 complete the entire exercise within two months from the date of receipt/production of a copy of this order. The application is disposed of in the aforesaid terms. PANKAJ KUMAR (Kishore K. Mandal, J)