NATIONAL INSTITUTE OF TECHNOLOGY Vs. CHANDRA SHEKHAR CHAUDHARY
LAWS(SC)-2006-11-96
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on November 13,2006

NATIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR Appellant
VERSUS
CHANDRA SHEKHAR CHAUDHARY Respondents





Cited Judgements :-

SHANTI SPORTS CLUB VS. UNION OF INDIA [LAWS(SC)-2009-8-46] [REFERRED TO]
PALANISAMY VS. STATE OF TAMILNADU [LAWS(MAD)-2010-1-148] [REFERRED TO]
N JAWAHAR VS. GOVERNMENT OF TAMILNADU [LAWS(MAD)-2010-1-111] [REFERRED TO]
A V KANAKATHRI VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2010-1-49] [REFERRED TO]
G BALU VS. SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPT GOVT OF TAMILNADU FORT ST GEORGE [LAWS(MAD)-2010-4-478] [REFERRED TO]
RANI VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2011-4-60] [REFERRED TO]
C JAYAKUMAR ALIAS C KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-2-355] [REFERRED TO]
S KRISHNASAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-9-47] [REFERRED TO]
ORDETTA MENDOZA VS. PRINCIPAL STELLA MARIS COLLEGE AUTONOMOUS [LAWS(MAD)-2011-10-137] [REFERRED TO]
USHA MEHTA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(SC)-2012-10-61] [REFERRED TO]
SHAKUNTLA P. GUJJAR VS. UNION OF INDIA [LAWS(CA)-2014-1-6] [REFERRED TO]
MAMTA DEVI VS. UNION OF INDIA AND ORS. [LAWS(HPH)-2015-10-109] [REFERRED TO]
DR. NAVEEN KAPLAS VS. HIMACHAL ROAD TRANSPORT CORPORATION LIMITED AND OTHERS [LAWS(HPH)-2013-4-193] [REFERRED TO]
ANIL AGGARWAL VS. H.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY SHIMLA AND ANOTHER [LAWS(HPH)-2017-12-198] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Challenge in this appeal is to the judgment rendered by a Division Bench of the Jharkhand High Court dismissing the Letters Patent Appeal filed by the appellant against the judgment of the learned Single Judge in a writ petition. The respondent filed a writ petition for a direction to the appellant to relieve him so that he would be in a position to pursue his Ph.D course in Indian Institute of Technology, Madras (in short 'IIT').
(3.)The background facts in a nutshell are as follows:
The writ petitioner (respondent herein) is an Associate Professor in Metallurgical Engineering Department of the National Institute of Technology, Jamshedpur, the appellant herein. According to the writ petition, the writ petitioner submitted an application for admission in Quality Improvement Programme (QIP) sponsored by AICTE through Regional Institute of Technology, Jamshedpur. He was selected for admission in IIT, Madras and was asked to appear at that institution for completing pre-registration formalities. According to the writ petition, though he made an application to the appellant for relieving him to make the pre-registration visit, he had been illegally and arbitrarily denied the permission by the appellant. According to the writ petitioner, the action of the appellant was unreasonable and was also discriminatory. The appellant resisted the writ petition by pointing out that according to the norms, if on relieving a teacher to attend such a programme, the staff strength in that department would go below 70 percent of the fixed capacity, the permission was to be denied and if the writ petitioner was to be relieved as sought for by him, the strength in that department would be reduced to 6l.9% of the sanctioned strength and it was in that situation that he was not accorded permission to get himself registered for the course. It was also submitted that even originally, while forwarding his application, the writ petitioner had been informed that he would be able to pursue his course only if he could be relieved from the Institute and only if on his being relieved, the staff strength would not be reduced below 70%. The plea of discrimination was denied and it was submitted that the writ petitioner was deliberately attempting to malign the department by raising the bogey of his being a member of a Scheduled Caste and was trying even to blackmail the authorities by threatening that he would commit suicide if he was not relieved. The writ petition deserves to be dismissed.



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