- (1.) Admit. Heard finally with the consent of learned counsel for the parties.
(2.) The intra court appeal has been preferred questioning the legality of order dated 29.8.2012 passed by Single Bench in Civil Writ Petition No. 11678/2012 refusing to interfere with the order of non-tension of the services of petitioner as Registrar of Malviya National Institute of Technology, Jaipur (in short, to be referred to as 'MNIT').
(3.) The question involved is whether appointment of the petitioner, though initially given for a period of one year and thereafter, extended by two years, has to be treated as tenure appointment for a period of five years as provided in the Rules called the National Institutes of Technology (NITs) (Registrar) Recruitment Rules, 2008 (hereinafter referred to as 'the Rules of 2008') which have been framed by the Central Government in exercise of powers conferred by Section 34(1) of the National Institutes of Technology Act, 2007 (hereinafter referred to as 'the Act of 2007') vis-à-vis the provisions contained in the Statutes called 'The First Statutes of the National Institute of Technology' (hereinafter referred to as 'the First Statutes') framed by the Central Government itself in exercise of powers conferred by sub-section (1) of Section 26 of the Act of 2007 with the prior approval of the visitor. In particular, Rule 7 of the Rules of 2008 pertains to the general conditions for appointment of Registrar. Statute 21 of the First Statutes provides that the Registrar shall be appointed for a fixed term of not exceeding five years on deputation or contract basis.;