The Delhi High Court has set aside the appointment of Professor J. P. Saini as the director of Netaji Subhas Institute of Technology (NSIT) saying it was done without following procedure.
Justice V. Kameshwar Rao said that the “decision of appointing Prof. Saini, the appointment of whom was made subject to the outcome of the writ petition, is set aside”.
Fresh appointment
The court, however, made it clear that the NSIT can make a fresh appointment to the post of director by following the procedure as laid down in the rules and regulations.
The court’s decision came on a petition by Professor Sachin Maheshwari, Dean of Faculty Affairs NSIT, challenging a November 2016 advertisement issued by the institute for the post of director.
On July 11, 2016, Professor Yogesh Singh was relieved from the charge of director, NSIT. He was given additional charge of director on July 12, 2016.
Mr. Maheshwari contended that the advertisement was issued by the director on behalf of the Board of Directors, NSIT, and not by the chairman of the Board of Governors as has been done in the past.
He further contended that the All India Council for Technical Education (AICTE), the regulatory body, norms for eligibility of director was a minimum of 10 years experience in teaching, research or industry out of which at least three years shall be at the level of professor.
He contended that the advertisement issued last year for the post of director added a new condition whereby only those candidates with working experience of at least 10 years as professor was eligible for the post. He said that the decision was made without the approval of the Board of Governors of the institute.
Taking note of previous judgments that it was the Board of Governors that decided on the issue, the court said: “The eligibility prescribed and advertisement dated November 30, 2016, must be held illegal”.
