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The IIT, Kharagpur invited applications from the eligible staff members of the above institute by an internal circular issued under memo no. R/Circular/01/2015 dated February 27, 2015 for filling up of the posts mentioned therein including the post of Senior Technician/Senior Laboratory Assistant at a monthly Pay Band of Rs.5200-20200/- (PB-1) and Grade Pay (GP) Rs.2800/- and other admissible allowances. The minimum educational qualification and experience for the aforesaid posts was Diploma in Engineering of 3 years duration in appropriate field or B.Sc. or equivalent Degree in appropriate field and after 8 years relevant experience in the Grade Pay Rs.2000/-, amongst others.

Immediately, thereafter, the respondents filed their respective writ applications praying for issuing writ in the nature of mandamus commanding the IIT, Kharagpur for regularising the services of the respondents under IIT, Kharagpur on the basis of their 15 years continuous services as project employee in terms of the provisions laid down in the Institutes of Technology Act, 1961, SRIC Rules, Guidelines of ICAR read with the Resolutions taken by the Board of Governors', IIT, Kharagpur. Further prayers were made in the writ applications to issue writ in the nature of prohibition for prohibiting the IIT, Kharagpur from filling up the posts of Senior Technician/Senior Laboratory Assistant in terms of Serial no.10 of Internal Circular no.R/Circular/01/2015 dated February 27, 2015. The above writ applications were disposed of by a common judgment impugned to these appeals.

According to him, the above engagements of the respondents had no nexus with the internal circular issued under memo no. R/ Circular/01/2015 dated February 27, 2015 by the IIT, Kharagpur inviting applications from the eligible candidates who had worked in various Schemes/Projects on contract basis for a period of one year or more and enlisted Ex-casual labourers of IIT, Kharagpur, who had worked 240 days or more for appointment in the posts of Attendant/Peon/Cleaner (Sanitary & Sewerage) on a monthly remuneration of Rs.2550-55-2660/--60-3200/-. None of the respondent was eligible to submit application in response to the above internal circular. Nor any one of the respondents submitted application in response thereto. According to him, the learned Single Judge passed the impugned judgment on the erroneous finding that the respondents were appointed upon consideration of their applications submitted in response to the aforesaid internal circular.

We have heard the learned counsels appearing for the respective parties at length and have considered the facts and circumstances of this case on the basis of which the learned Single Judge passed the impugned judgment.

It is not in dispute that the first finding of the learned Single Judge that applications had been submitted by the respondents in response to internal circular dated February 28, 2000 was erroneous one. Admittedly, all the respondents submitted their respective applications in response to advertisement no.IIT/SRIC/R/FIM/11/2000 dated February 15, 2000 which was not annexed to the writ petitions filed by the respondents. Consequent thereupon, there was no scope for the learned Single Judge to ascertain the right of the respondents which might have been flowed from the appointments/engagements awarded to the respondents in connection with the above selection process. Assessment of the rights of the respondents were undertaken by the learned Single Judge in the light of the appointments given to the eligible candidates who had participated in the selection process in response to the invitation of applications under internal circular dated February 28, 2000. Admittedly, none of the respondents participated in the selection process by submitting his application in response to the aforesaid circular dated February 28, 2000. The impugned judgment requires our interference on that ground.