S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the notification contained in Memo No. 1775 dated 16th June, 2001 issued by the State of Jharkhand, whereby and where -under, the 6th respondent K.K. Khandelwal, I.A.S., on transfer, has been appointed as Director, Science and Technology, Jharkhand Ranchi.
(2.) AS the challenge has been made on a short question of law, it is not necessary to discuss all the facts, except the relevant one. The petitioner who claims to be the seniormost Principal of Government Polytechnics having requisite qualifications prescribed for the teaching post of Professor by the All India Council of Technical Education (AICTE for short) earlier moved before the Patna High Court challenging the Notification dated 19th September, 1995 and 8th September, 1995, whereby and whereunder, the Government of Bihar posted two persons as Project Director and Director, Science and Technology respectively. The case was decided by judgment reported in Dr. Ram Krit Singh v. State of Bihar an others, 1999 (2) BLJ 705.
(3.) IN the aforesaid case, the State Government took plea that the post of Project Director and Director, Science and Technology can only be filled up by the persons holding the post of Principal of Engineering Colleges and Professors in the Engineering Colleges, but it was not accepted by the Court as no material was placed in support of such contention, nor any rule, notification, memorandum or executive instruction was brought to the notice of the Court. In absence of clear guidelines, while the Court expressed inability to give any opinion, but taking into consideration that the posts are not borne on any cadre as they relate to project of temporary nature, disposed of the writ petition with the following directions : - - "(i) The Government must lay down the norms guidelines keeping in view the AICTE norms clearly specifying the category of persons from different departments who are eligible for holding the post of Project Director/Director in the department of Science and Technology to which respondents 4 and 5 have been appointed. These norms must also clearly specify the conditions of eligibility including minimum educational and other qualifications of the candidates who may be deputed to work as Project Director/Director. (ii) After the norms and guidelines have been laid down, a panel of officers should be prepared in accordance with paragraph 5 of the memorandum dated 25.10.1980 and suitable persons may be selected from the said panel to work on deputation against the ex -cadre posts of Project Director/Director in the Department of Science and Technology. (iii) Since respondents 4 and 5 have been appointed against the aforesaid posts only till further orders, the Government is directed to lay down the guidelines/norms and complete the process of selection within a period of four months from the date of judgment. After selections are made on the basis of the directions contained herein, the persons so selected shall be deputed to work against the aforesaid posts and respondents 4 and 5, if not selected for deputation, shall revert back to their parent cadre.";