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Madhya Pradesh High Court

Dr. Vinay Kumar Singh vs Indian Institute Of Information ... on 16 June, 2016

                           WP-11292-2015
(DR. VINAY KUMAR SINGH Vs INDIAN INSTITUTE OF INFORMATION TECHNOLOGY DESIGN
                           AND MANUFACTURING)


16-06-2016

      Shri K.C. Ghildiyal, learned counsel for the petitioner.

      Shri A.P. Singh, learned counsel for the respondent.

After hearing the case for about half an hour, it appears that the dispute revolves in a narrow compass.

The petitioner applied in pursuance of the advertisement No.1/12 for the post of Assistant Professor. As per the terms of the eligibility specified thereunder, his case was considered for the post of Assistant Professor on contract basis because on the date of application form, his Ph.D. thesis was under process and its notification came on 4.6.2013. Referring to the NIT Rules, it is said that on completion of the Ph.D., the case of the petitioner deserves consideration as Assistant professor from the date of his initial appointment which has not been done discriminating him with others namely Dr. Sangita Pandit, Dr. Aayan Seal and Mr. K.K. Balakrishnan. It is said that above three persons were faculty members from the visiting faculty on contract basis but they have been appointed as Assistant Professor after award of the Ph.D. However, the case of the petitioner is on better footing than those of the above three persons. In the said context, the meeting of the Board of Governors Annexure P/7 dated 30.1.2015 has been placed on record and in furtherance to the Agenda No. BOG/28/19.02, a notification Annexure P/12 was issued on 26.2.2015 and made the recommendations in favour of those three persons and they have been regularized as Assistant Professor. The said factual position has been explained in the additional reply contending that their appointment on the post of Assistant Professor is on contract basis and not as regular Assistant Professor. However, lifting the veil of the said factual dispute, it would be appropriate to call for the recommendations of the Board of Governors of the IIIT, Jabalpur with respect to the said three persons and the recommendations of the Committee constituted vide notification dated 26.2.2015.

Shri A.P. Singh, learned counsel for the respondent has fairly stated that those proceedings will be made available for perusal of this Court on the next date.

List on 23.6.2016.

(J.K. MAHESHWARI) JUDGE PK