PROTIK PRAKASH BANERJEE,J. - (1.) Prima facie the document at page 36 of the writ petition appears to be fraudulent. I say prima facie because even at the stage of hearing after considering paragraphs 12 and 13 of the affidavit-in-opposition filed by the respondent nos.1 and 2 as also at paragraph 23 of the affidavit-in-opposition used by the respondent no.8 and as also the paragraph 13 of the said affidavit of the 8th respondent at page 30 thereof, it does not appear that the certificate of passing the B.E examination in May 1983 has been established to be genuine.
(2.) On the contrary, the respondent nos.1 and 2 have admitted that the date of April 27, 1974 cannot be correct but it ought to have been issued after 1983 if it pertains to an examination held on May 1983. Today, when the question was raised by the Court, Mr. T.Lall, learned advocate for the respondent no.1 produced a copy of the letter from the Controller of the Examination of Osmania University which is, however, not part of the pleadings of any of the parties. It is not even a part of the supplementary affidavit used by the respondent no.8 in answer to the earlier doubts raised by Coordinate Bench in a different circuit. Such letter is, however, of very recent vintage and cannot be said to be contemporaneous with the issuance of the certificate. Accordingly, I hold that the respondent no.8 on the face of the records did not have the basic qualification to be appointed as a Principal of the Polytechnic which was later merged on and has been upgraded as Institute of Technology. Accordingly, the question of upgrading the respondent no.8 along with the institute itself is wholly illegal. However, instead of delivering full judgment right now, I wish to give the Union of India and the Administration one more chance to correct their arbitrary steps in showing undue favour to the respondent no.8. The Administration must be brought to understand that these islands are only administered by them as if they were in the position of a Trustee for the people of Andaman and Nicobar Islands and the long struggles which were required to give the dignity of an independent educational institution to this Polytechnic which has achieved so much with such few and limited resources are not to be defeated merely because some bureaucrats in authority think that the islands are their paternal property. Accordingly, I allow the respondents time until the next Circuit to come back with the instruction as to how quickly they can initiate a process of selection of a duly qualified person as Principal of the upgraded institute naturally after cancelling the appointment of the present incumbent/respondent no.8 as a Principal of the upgraded institution. In case such selection is made, I clarify nothing in the final order which is proposed to be passed shall prevent the present respondent no.8 from competing for the said post and/or participating in the process of selection for the said post if he can show genuine qualifications including mark sheets and pass certificates which would establish beyond doubt that he has actually acquired these qualifications necessary for the post. The writ petition shall appear for further consideration before the next Circuit.
(3.) Since the letter referred to by the respondent no.1 produced for the Court's consideration by him has not been brought on record, I do not formally take cognizance of it.;