JAI PRAKASH JAISWAL Vs. THE VICE CHANCELLOR, NEHU & OTHERS

JUDGEMENT

(1.) The petitioner passed M.Sc. in Agricultural Engineering from Allahabad University in the year 1976. He was appointed and posted as Lecturer in Agricultural Engineering, College of Agricultural at Medziphema with effect from 16.2.1981. At present he is working as Lecturer in Agricultural Engineering, School of Agricultural Sciences and Rural Development (for short 'SASRD') at Medziphema. It is stated that during 1988 a Workshop, on 'Land Conservation for Future Generation' was held at Bankok and the petitioner being invited by the Organising Committee of the International Workshop attended and participated in the said Workshop. Petitioner also submitted two papers "Designing Bench Terraces in North Eastern Hill Region of India" and "Land Use Capability Classification - A Numerical Approach" and the same were published in the proceeding of the Workshop in 1988. It is further stated in the petition that during the year 1989 an International Workshop on "Conservation Farming on Hill Slopes" was held at Taiwan, in which the petitioner alone from India attended the Workshop. Petitioner also submitted the paper on "Land Use Planning in North Eastern Region of India" which was published as a part of a book by Soil and Water Conservation Society, Lowa, United States of America. It is further stated in the petition that the petitioner bad an intensive knowledge in his own field of Soil Conservation Engineering and had many publications in various journals to his credit.

(2.) Pursuant to the advertisement by the North Eastern Hill University (hereinafter NEHU) for the various Teaching and Non Teaching in the different Departments including posts of Readers in Soil Conservation pertaining to SASRD, Medziphema, the petitioner had applied for the post of Reader. Thereafter the petitioner appeared before the Interview Board at IIPA New Delhi along with other candidates on 19th and 20th Jan., 1989. The Interview Board was consisted of Vice Chancellor of NEHU as Chairman and six other members including three experts, Head of the Department Soil Conservation, and one nominee of the Visitor and Pro-Vice Chancellor, Nagaland Campus. The petitioner was duly selected by the Interview Board for the post of Reader in Soil Conservation and the same was approved by the Executive Council of the NEHU in its 65th meeting held on 5th Feb., 1989 at New Delhi. However, the petitioner was not appointed in the said post as the Executive Council in its subsequent meeting held on 24th Feb., 1989 reviewed the earlier decision and resolved that the post be re-advertised on the ground that the qualification prescribed in the advertisement for the post of Reader is doctorate degree and the petitioner did not possess this requisite qualification. Hence this petition.

(3.) Respondents entered appearance and filed affidavit-in-opposition. That the Selection Board selected the petitioner and recommended for appointment, that the Executive Council approved the selection of the petitioner in its 65th meeting held at New Delhi on 5.2.1989 and that in its subsequent meeting held on 24th Feb' 89 the Council resolved to re-advertise the posts are all admitted in paragraphs 7 of the counter of the respondents.