- (1.) In the instant writ petition the petitioner has questioned the validity of the order of appointment of 6th respondent to the post of Director of Punjab Engineering College, (for short 'PEC'), Chandigarh dated 3.6.2013 (Annexure P-10).
(2.) The Post of Director in the PEC, Chandigarh is governed by the bye laws called Punjab Engineering College Chandigarh Bye Laws, 2001. Clause 8 provides for Selection Committee(s), Clause 9 relates to Director. An extract of Clause 9 - Director is reproduced herein:- "9. Director (A) (1) The Director shall be a whole time salaried officer of the Institute. (2) The Director shall be an eminent person from the field of Technical Education, preferably from the IIT system. He shall be appointed by the Chandigarh Administration on contractual basis on recommendation of a Search cum Selection Committee constituted for the purpose. The Search cum Selection Committee shall be headed by the Advisor to the Administrator and shall consist of the Secretary Technical Education, the Finance Secretary and shall have a representative each of the Central Government and the UGC. The Director shall hold office for a term of 5 years. His term shall be subject to renewal for further periods provided that every such appointment and terms thereof shall be subject to prior approval of the Chandigarh Administration. Provided that notwithstanding the expiry of the said period of 5 years, he can continue in office till his successor is appointed and assumes office, but not beyond six months. Provided further that a person appointed as Director shall retire from office during the tenure of his office or of extension, if any, when he completes the age of 62 years."
(3.) Clause 12 relates to appointment. Extract of Clause 12 is reproduced herein:- "12. Appointments (1) All appointment of the staff of the Institute, except that of the Director and the Registrar, shall be made in accordance with the procedure as may be laid down in the Rules to be framed by the Board in this regard. (2) The appointing authority for different categories of employees shall be as follows : (a) All Professors ..Board (b) Lecturers, Assistant Professors, Associate Professors and other non-academic posts of the level of Group 'A' and 'B' .Director (c) All posts of the level of Group 'C' and 'D' Registrar";