LAWS(CAL)-2023-5-12

NILABJA SIKDAR Vs. UNION OF INDIA

Decided On May 12, 2023
Nilabja Sikdar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is presently doing his Fellowship in the Human Genetics Unit of the Indian Statistical Institute (ISI) from 2/8/2013. The Fellowship is for 5 years. The Fellowship, namely, the Ramalingaswami Re-entry Fellowship was instituted by the Department of Biotechnology for Indian nationals working overseas who are interested in scientific research positions in India. The tenure of the petitioner as Ramalingaswami Re-entry Fellow was extended for a further period of 2 years from 1/8/2018.

(2.) The present writ petition was filed on 22/12/2020 for a mandamus on the respondent no. 4, the Indian Statistical Institute, to call the petitioner for an interview in terms of the petitioner's application dtd. 13/9/2018 in response to an advertisement published by the ISI for the post of Associate Professor. The advertisement was published on 14/6/2018. The petitioner also seeks to be absorbed in the post of Associate Professor after emerging successful in the interview.

(3.) The instant proceeding saw a contempt being filed by the petitioner on the basis of the stand taken by ISI at the initial stage of the writ petition. Learned counsel appearing for the parties subsequently however settled for hearing of the writ petition. The contempt proceedings are hence not being referred to in detail in the judgment since the Court proposes to deal with the issues raised by the petitioner and ISI on the petitioner's absorption to the post advertised by ISI on 14/6/2018.