Gauhati High Court
The Indian Institute Of Technology vs Dipankar Das And 5 Ors. A on 19 September, 2024
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/8
GAHC010246812022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/142/2023
THE INDIAN INSTITUTE OF TECHNOLOGY
REP. BY THE REGISTRAR, P.O.- IIT GUWAHATI, P.S.- NORTH GUWAHATI,
DIST.- KAMRUP, GUWAHATI, ASSAM, PIN- 781039.
VERSUS
DIPANKAR DAS AND 5 ORS. A
S/O LAKSHMI MOHAN DAS, RESIDENT OF LUMDING, WARD NO. 1,
ANANDAPALLY HOUSE NO. 619, P.O. LUMDING P.S. LUMDING DIST. HOJAI,
PIN - 782447, ASSAM.
2:THE UNION OF INDIA
REP. BY THE SECRETARY TO THE GOVT.OF INDIA
MINISTRY OF HUMAN RESOURCE and DEVELOPMENT
DEPARTMENT OF EDUCATION
SHASTRI BHAWAN
C-WING
DR. RAJENDRA PRASAD ROAD
NEW DELHI- 110001.
3:BHASKAR CHOUDHURY
ASSISTANT EXECUTIVE ENGINEER
INDIAN INSTITUTE OF TECHNOLOGY GUWAHATI
P.O.- IIT GUWAHATI
P.S.- NORTH GUWAHATI
DIST.- KAMRUP
GUWAHATI
ASSAM
PIN- 781039.
4:SUNIRMAL BHATTACHARJEE
S/O LATE BASANTA KUMAR BHATTACHARJEE
ASSISTNAT EXECUTIVE ENGINEER
INDIAN INSTITUTE OF TECHNOLOGY GUWAHATI
Page No.# 2/8
R/O QUARTER NO. B- 72
IIT GUWAHATI CAMPUS
P.O.- IIT GUWAHATI
P.S.- NORTH GUWAHATI
DIST.- KAMRUP
GUWAHATI
ASSAM
PIN- 781039.
5:THE CHAIRMAN
UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002.
6:THE CHAIRMAN
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)
NELSON MANDALA MARG
VASANT KUNJ
NEW DELHI-110060
Advocate for the Petitioner : MR. R P KAKOTI SR. ADV., MR. S SUTRADHAR
Advocate for the Respondent : DY.S.G.I., J DAS (r-3),SC, U G C,SC, A I C T E,MRS. R DEVI (r-
2),MR K K MAHANTA (Sr. Advocate) (r-4),MR. K M MAHANTA (r-4),MS N BEGUM (r-4),M R
Sharma (r-4),MR S GAUTAM (r-4),MR. A AHMED (r-1),MS. D GOSWAMI (r-1),MS. B
CHOUDHURY (R-3),MR. P. CHOUDHURY (R-3)
Linked Case : I.A.(Civil)/3591/2022
DIPANKAR DAS
S/O LAKSHMI MOHAN DAS
PERMANENT RESIDENT OF LUMDING WARD NO. 1
ANANDAPALLY
HOUSE NO. 619
P.O.- LUMDING
P.S.- LUMDING
DIST.- HOJAI
PIN- 782447
ASSAM.
VERSUS
SUNIRMAL BHATTACHARJEE AND 5 ORS.
S/O LATE BASANTA KUMAR BHATTACHARJEE
ASSISTANT EXECUTIVE ENGINEER
Page No.# 3/8
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVERNMENT OF INDIA
GUWAHATI- 781039.
2:THE UNION OF INDIA
REP. BY THE SECRETARY TO THE GOVT.OF INDIA
MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT
DEPARTMENT OF EDUCATION
SHASTRI BHAWAN
C-WING
DR. RAJENDRA PRASAD ROAD
NEW DELHI- 110001.
3:THE DIRECTOR
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVT. OF INDIA
GUWAHATI- 781039
ASSAM.
4:BHASKAR CHOUDHURY
ASSISTANT EXECUTIVE ENGINEER
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVERNMENT OF INDIA
GUWAHATI- 781039.
5:THE CHAIRMAN
UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002.
6:THE CHAIRMAN
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)
NELSON MANDALA MARG
VASANT KUNJ
NEW DELHI-110060.
------------
Advocate for : MR. A AHMED
Advocate for : MR K K MAHANTA (Sr. Advocate) appearing for SUNIRMAL
BHATTACHARJEE AND 5 ORS.
Linked Case : I.A.(Civil)/3227/2022
Page No.# 4/8
SUNIRMAL BHATTACHARJEE
S/O LATE BASANTA KUMAR BHATTACHARJEE
ASSISTANT EXECUTIVE ENGINEER
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVERNMENT OF INDIA
GUWAHATI- 781039.
VERSUS
THE UNION OF INDIA AND ORS.
REP. BY THE SECRETARY TO THE GOVT.OF INDIA
MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT
DEPARTMENT OF EDUCATION
SHASTRI BHAWAN
C-WING
DR. RAJENDRA PRASAD ROAD
NEW DELHI- 110001.
2:THE DIRECTOR
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVT. OF INDIA
GUWAHATI- 781039
ASSAM.
3:BHASKAR CHOUDHURY
ASSISTANT EXECUTIVE ENGINEER
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVERNMENT OF INDIA
GUWAHATI- 781039.
4:THE CHAIRMAN
UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002.
5:THE CHAIRMAN
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)
NELSON MANDALA MARG
VASANT KUNJ
NEW DELHI-110060.
6:DIPANKAR DAS
S/O LAKSHMI MOHAN DAS
Page No.# 5/8
PERMANENT RESIDENT OF LUMDING WARD NO. 1
ANANDAPALLY
HOUSE NO. 619
P.O.- LUMDING
P.S.- LUMDING
DIST.- HOJAI
PIN- 782447
ASSAM.
------------
Advocate for : MR K K MAHANTA (Sr. Advocate)
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS.
Linked Case : WA/350/2022
SUNIRMAL BHATTACHARJEE
S/O LATE BASANTA KUMAR BHATTACHARJEE
ASSISTANT EXECUTIVE ENGINEER
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVERNMENT OF INDIA
GUWAHATI- 781039.
VERSUS
THE UNION OF INDIA AND ORS.
REP. BY THE SECRETARY TO THE GOVT.OF INDIA
MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT
DEPARTMENT OF EDUCATION
SHASTRI BHAWAN
C-WING
DR. RAJENDRA PRASAD ROAD
NEW DELHI- 110001.
2:THE DIRECTOR
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVT. OF INDIA
GUWAHATI- 781039
ASSAM.
3:BHASKAR CHOUDHURY
ASSISTANT EXECUTIVE ENGINEER
Page No.# 6/8
INDIAN INSTITUTE OF TECHNOLOGY
GUWAHATI
GOVERNMENT OF INDIA
GUWAHATI- 781039.
4:THE CHAIRMAN
UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110002.
5:THE CHAIRMAN
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)
NELSON MANDALA MARG
VASANT KUNJ
NEW DELHI-110060.
6:DIPANKAR DAS
S/O LAKSHMI MOHAN DAS
PERMANENT RESIDENT OF LUMDING WARD NO. 1
ANANDAPALLY
HOUSE NO. 619
P.O.- LUMDING
P.S.- LUMDING
DIST.- HOJAI
PIN- 782447
ASSAM.
------------
Advocate for : MR K K MAHANTA (Sr. Advocate)
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 19-09-2024 (M.R.Pathak, J)
1. Both the appeals have arisen out of a common judgment and order Page No.# 7/8 dated 28.07.2022 passed by learned Single Judge in WP(C) No.7342/2017.
2. Heard Mr. S. Sutradhar, learned Standing Counsel, IIT Guwahati, for the appellant in WA No. 142/2023 and Ms. N. Begum, learned counsel for the appellant in WA No. 350/2022. Also heard Mr. A. Ahmed, learned counsel for the respondent No. 1 in WA No. 142/2023 and respondent No. 6 in WA No. 350/2022, who is the petitioner of WP(C) No. 7342/2017.
3. Both the appellants - IIT Guwahati and Sri Sunirmal Bhattacharjee, were the respondent Nos. 2 and 4 in said WP(C) No. 7342/2017 that was preferred by Sri Dipankar Das, i.e., respondent Nos. 1 and 6 as noted above.
4. The appellant of WA No. 350/2022 was appointed as Assistant Executive Engineer (Civil) in IIT Guwahati in pursuant to his selection relating to the advertisement dated 25.11.2016 issued by the IIT, Guwahati and in the said selection, the petitioner Dipankar Das was the third selected candidate.
5. Aggrieved with the said selection and appointment of Sunirmal Bhattacharjee, appellant of WA No. 350/2022 as Assistant Executive Engineer (Civil) in IIT Guwahati said Dipankar Das preferred WP(C) No. 7342/2017 alleging that said Sunirmal Bhattacharjee does not have the proper B.E. degree recognized by the UGC/AICTE, the requisite eligibility for the said post of Assistant Executive Engineer (Civil).
6. During the pendency of these appeals, said Sunirmal Bhattacharjee, Assistant Executive Engineer (Civil), IIT Guwahati, whose date of birth was 05.12.1962, retired from service on 31.12.2022, on attaining the age of superannuation at 60 years. In his appeal WA No. 350/2022, the Court on 09.11.2022 passed an interim order that -- "Meanwhile the service conditions of Page No.# 8/8 the appellant may not to be altered", which is still in force.
7. The respondent- IIT Guwahati on the next date fixed shall apprise the Court as to whether the IIT Guwahati is paying pension to said Sunirmal Bhattacharjee as Senior Assistant Engineer, the post in which he served at IIT Guwahati prior to his such appointment as Assistant Executive Engineer (Civil) or is paying him pension as retired Assistant Executive Engineer (Civil) of IIT, Guwahati.
8. List on 01st October, 2024.
JUDGE JUDGE Comparing Assistant