Delhi High Court - Orders
Dr Anupam Pachauri vs National Institute Of Educational ... on 27 May, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7684/2024
DR ANUPAM PACHAURI ..... Petitioner
Through: Mr. Abhik Chimni, Ms. Nabira
Farman, Mr. Maaroof, Mr. Anant
Khajuria and Mr. Ahwan, Advocates
versus
NATIONAL INSTITUTE OF EDUCATIONAL PLANNING
AND ADMINISTRATION (NIEPA) & ORS ..... Respondent
Through: Mr. Amitesh Kumar, Ms. Priti
Kumari and Ms. Mrinal Kishor,
Advocates for R-1 & 2.
Ms. Archana Kumari, GP with Ms.
Ekta Choudhary, SPC for R-3.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 27.05.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 32010/2024
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 7684/2024 & CM APPL. 32009/2024 (Direction)
3. This is a writ petition under Article 226 of the Constitution of India inter alia seeking a writ of Mandamus or appropriate direction for setting aside the impugned order dated 02.04.2024 terminating the contractual services of the petitioner and simultaneously also challenging the impugned W.P.(C) 7684/2024 Page 1 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:48:35 advertisement dated 02.04.2024 where the respondents had called for contractual employment of the Assistant Professor at the Centre for Policy Research in Higher Education (CPRHE).
4. Mr. Abhik Chimni, learned counsel appearing for the petitioner submits that admittedly the petitioner was on contractual employment at the post of Assistant Professor in the aforesaid Centre, in terms of Composite Contract for an Appointment of three years from 01.04.2022 through till 31.03.2025 on purely temporary basis to be renewed on an year to year basis vide Office Order No. 379/2022 dated 22.03.2022.
5. According to Mr. Chimni before the expiry of the composite contract which was to be extended till 31.03.2025, unilaterally the respondents had terminated the contractual services of the petitioner on 02.04.2024 w.e.f. 31.03.2024. He submits that the case of the petitioner is squarely covered by the judgment of the Supreme Court in State of Haryana vs. Piara Singh reported in (1992) 4 SCC 118.
6. He invites attention of this Court to judgment of the Division Bench of this Court in Delhi Skill and Entrepreneurship University vs. Neeru Kalher reported in 2023 SCC OnLine Del 5993, whereby after noting the ratio of the judgment of the Supreme Court in Piara Singh (supra), this Court had held that the respondents therein were covered by the said ratio and upheld the order of the learned Single Judge directing continuation of the contractual employment of the respondents therein. He submits that on the same basis, the petitioner too, be protected by this Court.
7. Per contra, Mr. Amitesh Kumar, learned counsel appearing for the respondents submits that the submissions of Mr. Chimni are not correct on facts. He submits that though the petitioner was indeed on contractual W.P.(C) 7684/2024 Page 2 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:48:35 employment with the respondents, however, it is clear from a reading of the Office Order No. 379/2022 dated 03.03.2022 that the extension of composite term of three years from 01.04.2022 to 31.03.2025 was purely temporary with the condition that it would be renewed on a year to year basis.
8. That apart, learned counsel submits that by virtue of the Office Order No. 490 dated 13.03.2023, the petitioner was given an extension/renewal of his contractual term for a period of one year w.e.f. 01.04.2023 through till 31.03.2024. He submits that in any case, the contractual employment of the petitioner had expired with efflux of time. He submits that petitioner did not approach this Court prior thereto and as such she would have no right of any nature whatsoever against the respondents.
9. That apart, learned counsel also draws attention of this Court to the fact that the notice dated 02.04.2024 issued by the respondents regarding walk-in-interview for various temporary positions on contract in National Institute of Educational Planning and Administration (NIEPA), calling for incumbents for the post of Professor, Associate Professor and Assistant Professor on contractual basis. He submits that the petitioner has not disclosed the fact that she had submitted her forms in accordance with the notice dated 02.04.2024 and had infact participated in the interviews held on 15.04.2024.
10. He draws attention of this Court to the compilation handed over the bench and the attendance sheet for 15.04.2024 wherein the name of the petitioner is reflected. Learned counsel submits that the petitioner had participated in the interview process and was unsuccessful in such interview. He also submits that the other colleagues of the petitioner also participated in the said interview process, however they were selected, were offered W.P.(C) 7684/2024 Page 3 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:48:36 appointment and have already joined the services.
11. He also submits that so far as the post of Assistant Professor is concerned, there is no vacancy in any case as on date. He submits that the aforesaid non disclosure would amount to "suppressio veri suggestio falsi"
and this writ petition ought to be dismissed on this ground alone.
12. He also submits that the judgment of the learned Division Bench of this Court in Neeru Kalher (supra) has already been carried out in appeal by way of a Special Leave Petition before the Supreme Court and on which, it is stated that notice has already been issued.
13. This Court has heard the arguments of learned counsel for the petitioner as also the respondents.
14. The primary issue which needs consideration of this Court is in respect of as to whether any right still survives with the petitioner to now challenge the Office Order No.3/2024-25/NIEPA dated 02.04.2024 issued by the respondents relieving the petitioner from the duties and responsibilities of the CPRHE w.e.f. 31.03.2024.
15. The fact that the petitioner had challenged the said letter post the expiry of the contract by efflux of time on 31.03.2024 itself would create a doubt as to whether the present writ petition is maintainable before this Court. The second aspect which lends credence to the submissions made by learned counsel for the respondents would also propel this Court to doubt the maintainability of the present petition.
16. This is for the reason that the petitioner, on one hand, has challenged the letter dated 02.04.2024 relieving the petitioner from the duties of the contractual employment as also on the other hand, challenged the advertisement dated 02.04.2024 whereby the respondents had called for the W.P.(C) 7684/2024 Page 4 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:48:36 further contractual employment for the post of Professor, Associate Professor as well as Assistant Professor.
17. From the documents handed over, it is apparent that petitioner had submitted his application for reconsideration for the post of Assistant Professor on contractual basis voluntarily and had further proceeded to participate in the interview. Once having failed in the interview process and rejected therein, the petitioner has filed the present writ petition, post such rejection.
18. It is trite that once the individual participates in a particular selection process, post issuance of advertisement, is found unsuccessful, would be precluded from challenging the process of advertisement as noted in the judgment of the Supreme Court in Ramesh Chandra Shah vs. Anil Joshi reported in (2013) 11 SCC 309, Vijendra Kumar Verma vs. Public Service Commission, Uttrakhand & Ors. reported in (2011) 1 SCC 150, Madras Institute of Development Studies & Anr. vs. K. Sivasubramaniyan & Ors. reported in (2016) 1 SCC 454 and recently reiterated by learned Division Bench of this Court in Karan Singh Meena vs. Registrar General, Delhi High Court & Anr. reported in 2022 SCC OnLine Del 3098, duly followed and relied upon in the judgment dated 23.01.2024 passed by this Court in W.P.(C) 677/2024 titled Ankita Meena vs. Airport Authority of India and Anr.
19. Though the issue for the interim orders or continuance of the petitioner on contractual basis cannot be granted to the petitioner, however, in respect of a challenge to the Office Order No. 3/2024-25 dated 02.04.2022 on the basis of Office Order No. 379/2022 dated 22.03.2022 may survive for the consideration of this Court.
W.P.(C) 7684/2024 Page 5 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:48:36
20. In that view of the matter, a limited notice is issued to the respondents only in respect of the challenge to the Office Order dated 02.04.2024.
21. Notice accepted by Mr. Amitesh Kumar, learned counsel appearing for respondent nos. 1 and 2 and by Ms. Archana Kumari, learned counsel appearing for respondent no.3.
22. Counter affidavit be filed within six weeks. Rejoinder thereto, if any, within four weeks, thereafter.
23. List on 06.11.2024.
TUSHAR RAO GEDELA, J MAY 27, 2024 Aj W.P.(C) 7684/2024 Page 6 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:48:37