JUDGEMENT
U.C.Banerjee, J. -
(1.) Normally the Writ Court ought not to interfere or intervene in matters of selects of teachers by the duly appointed Selection Committee in an Educational Institution since the persons constituting the Selection Committee are in a better position to appreciate the merit of the candidate. Interference with the findings of such a Selection Committee in effect would mean and imply usurpation of powers of the Body on which law has conferred the same. The normal rule, however, proceeds on the basis of fairness and lack of malafides. In the event of there being contra action, if found by the Law Courts, the Law Courts would be within its jurisdiction to intervene arid interfere and set right the wrong.
(2.) The concept of fairness is no longer in, the realm of consideration for the Law Courts but at is now well-settlers a principle of law. The Educational, Institution ought to be guided by such a concept and the same ought to be the most accepted methodology to be adopted by the Educational Institutions.
(3.) In this writ petition, the petitioner challenged the appointment of one Shri P. K. Sinha in the post of Professor of Aircraft Structures in the Department of Aeronautical Engineering at the Indian Institute of Technology, Kharagpur on the ground of lack of fairness rendering the appointment as wholly invalid.;
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