{"id":42703,"date":"1997-07-08T00:00:00","date_gmt":"1997-07-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dr-h-s-gupta-vs-the-chairman-board-of-on-8-july-1997"},"modified":"2016-11-02T04:58:00","modified_gmt":"2016-11-01T23:28:00","slug":"dr-h-s-gupta-vs-the-chairman-board-of-on-8-july-1997","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dr-h-s-gupta-vs-the-chairman-board-of-on-8-july-1997","title":{"rendered":"Dr. H.S. Gupta vs The Chairman, Board Of … on 8 July, 1997"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Dr. H.S. Gupta vs The Chairman, Board Of … on 8 July, 1997<\/div>\n
Author: G.N. Ray<\/div>\n
Bench: G.N. Ray, G.B. Pattanaik<\/div>\n
           PETITIONER:\nDR. H.S. GUPTA\n\n\tVs.\n\nRESPONDENT:\nTHE CHAIRMAN, BOARD OF GOVERNORS,I.I T, DELHI & ORS.\n\nDATE OF JUDGMENT:\t08\/07\/1997\n\nBENCH:\nG.N. RAY, G.B. PATTANAIK\n\n\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
\t\t THE 8TH DAY OF JULY, 1997
\nPresent:\n<\/p>\n
\t\tHon’ble Mr. Justice G.N. Ray
\n\t\tHon’ble Mr. Justice G. B. Pattanaik
\nAppellant in person.\n<\/p>\n
Mr. Maninder Singh, Advocate for the respondents.\n<\/p>\n
\t\t      J U D G M E N T
\n     The following Judgment of the Court was delivered:\n<\/p>\n
\t\t      J U D G M E N T
\nG.N. RAY, J
\n     Leave granted.  heard the appellant appearing in person
\nand the\t learned counsel for the respondents. This appeal is
\ndirected against  the order dated January 15, 1988 passed by
\nthe Division  Bench of\tDelhi High Court in C.W.P No. 109 of
\n1988.\n<\/p>\n
     The appellant  moved a  writ petition under Article 226
\nof the\tConstitution of\t India in Delhi high Court which was
\nnumbered as C.W.P NO . 109 of 1988 assailing the decision of
\nthe Indian  Institute of  Technology, Delhi  as Contained in
\nmemo  No.   1303  dated\t  April\t 17,   1986  rejecting\t the
\nrepresentation of  the appellant  for  the  post  of  Senior
\nScientific Officer  (Grade I)  and Memo\t No 8553 dated March
\n25, 1987  and Memo  No. 1639  dated 18.5.1987  rejecting the
\nappellants’s further  representation and  also assailing the
\ndecision of the respondents in not calling the appellant for
\ninterview on  January 15,  1988 for  the post  of  Assistant
\nprofessor  in  the  civil  engineering\tdepartment.  By\t the
\nimpugned order,\t the Delhi High Court has dismissed the writ
\npetition.\n<\/p>\n
     The  appellant   applied  for  the\t post  of  Assistant
\nProfessor on  July 20,\t1987  in  the  department  of  Civil
\nEngineering of\tI.I.T Delhi in response to the advertisement
\nNo. 11\/87  (E-1). The appellant was not called for interview
\nbecause his  name was  not short  listed  by  the  concerned
\nauthority. The\tappellant had  also applied  earlier for the
\npost of\t Senior Scientific  Officer (Grade  I) in  the\tsaid
\ndepartment pursuant  to the advertisement No. 12\/85 for such
\npost. He  has not  called for interview for the said post of
\nS.S.O (I)  as he  was not  short listed.  The appellant made
\nrepresentations for  being excluded in the short listing for
\nwhich he  was not called for interview. Such representations
\nwere rejected.\tThe appellant  sought for personal interview
\nwith the Governor of the Board of management of I.I.T. Delhi
\nbut such request was turned down.\n<\/p>\n
     The appellant is M.Sc in Mathematics and also a Ph.D in
\nMathematic. He is serving as Senior Scientific Officer Grade
\nII in  I.I.T. Delhi  since 1982\t in  the  Civil\t Engineering
\nDepartment.  The   appellant  joined  in  Civil\t Engineering
\nDepartment  of\t I.I.T,\t Delhi\t in  1979   under  Indo-U.K.
\nCollaboration Project on flood forecasting and the appellant
\nhas averred  in the  writ  petition  that  he  was  selected
\nthrough\t open\tadvertisement  and   competing\twith   other
\ncandidates including  candidates having\t engineering degree.
\nThe  appellant\t has  stated  that  he\thas  contributed  in
\ndeveloping  mathematical   models  in\tthe  area  of  Water
\nResources which\t according to  the appellant,  was  possible
\nwith the  background training and skill in the discipline of
\nmathematics  coupled   with  computer  and  technology.\t The
\nappellant  has\tcontended  that\t on  line  Real\t Time  flood
\nforecasting model  developed by him is known internationally
\nand the\t Institute has earned name for such model. According
\nto the\tappellant, he  has already  taught core\t courses  at
\nM.Tech level  of  water\t Course\t Engineering  and  has\talso
\nsupervised Projects  at the  level of  B.Tech.\tand  M.Tech.
\nstudents of  Civil Engineering. The appellant also claims to
\nhave served  the Civil Engineering Department of I.I., Delhi
\nas its\tofficer in  charge of  one of  its laboratories\t for
\nseveral years  and has\talso held  assignment  for  computer
\ncounselling to\tgraduate  students,  research  students\t and
\nfaculty colleagues.  It may be indicated that the experience
\nof the appellant as indicated by him has not been disputed.\n<\/p>\n
     It appears\t that the  appellant’s grievance is that the
\nappellant is  M.sc. and Ph.D. in Mathematics and even though
\nhe does\t not possess  degree in\t engineering,  he  is  fully
\nqualified backed  by long  experience in  the department  of
\nCivil engineering in I.I.T. Delhi to hold the post of Senior
\nScientific Officer  grade I  and also  the post of Assistant
\nProfessor in the department of Civil Engineering.\n<\/p>\n
     The appellant  is aggrieved  because  although  as\t per
\nadvertisement for  the post  of\t Senior\t Scientific  Officer
\nGrade  I   (Advertisement  No\t12\/85(E.I)  in\t the   Civil
\nEngineering   Department    of\t I.I.T.\t   Delhi,    minimum
\nqualification  needed\twas  good   bachelor’s\t degree\t  in
\nappropriate field  of Science with five years’ experience in
\nresearch  and\tdevelopment  and   the\tappellant   squarely
\nfulfilled the  criteria, he  was not short listed and called
\nfor interview  even though candidate not having Ph.D  degree
\nwas called  for interview  and selected\t for the  post.\t The
\nappellant is  also aggrieved  for not being short listed and
\ncalled for  interview for the post of Assistant Professor in
\nthe Civil  Engineering Department  although he was qualified
\nfor the said post.\n<\/p>\n
     The contention  of the  appellant\thas  been  seriously
\ndisputed by  the respondents  by filing\t a counter-affidavit
\nbefore this  Court. It has been contended by the respondents
\nthat the  posts in I.I.T, Delhi are advertised and filled up
\ndepending on  the actual  need of  the particular department
\nand in\tthe particular specialisation. It has been contended
\nin   the    counter   affidavit\t   that\t  the\t posts\t  of
\nProffessor\/Lecturer\/  SSO     in  the  department  of  Civil
\nEngineering   were    advertised   under    the\t   following
\nspecialisation “Structural  Engineering including  off shore
\nstructure  solid   and\trock   machanics,  water   resources
\nengineering,   transpiration\tsystems\t  and\t engineering
\nsurveyings, construction  management”. It has been stated in
\nthe counter affidavit that the area of specialisation of the
\nappellant has  been water  resources\/forecastig and  not off
\nshore structures.  Since the  post of  SSO  In\tthe    civil
\nengineering department\twas to\tbe filled  up  by  a  person
\nhaving\tspecialisation\t in   off   shore   structure,\t the
\nappellant’s name  was not  short listed\t by the professorial
\nCommittee of  the institute duly approved by the Director of
\nthe Institute being the Chairman of the Selection Committee.
\nIt has\talso been  contended in\t the affidavit\tthat for the
\nappointment to\tthe staff  posts in  the department of civil
\nengineering,   the   candidate\t should\t  have\t engineering
\nqualification. The  appellant does not possess any degree in
\nengineering but\t he is\tholder of  M.Sc and Ph. D. Degree in
\nMathematics  and  has  specialised  in\tthe  area  of  Water
\nResources  Forecasting.\t  Hence,  he   was  not\t called\t for
\ninterview. It  has been stated in counter affidavit that the
\nSelection committee  selected Dr.  N.K. Garg  and  Dr.\tA.K.
\nGossain as  Assistant  professors  on  the  basis  of  their
\nspecialisation in  water resources.  Sri A.K.  Jain and\t Sri
\nAshok  Gupta  were  selected  as  SSO  I  because  of  their
\nspecialisation of  structures including off shore strictures
\nincluding off  shore structures. Hence, the appellant has no
\noccasion to feel aggrieved for not being selected.\n<\/p>\n
     In the counter affidavit, it has been further indicated
\nthat the  appellant’s representation dated July 31, 1986 was
\naddressed  to  the  Chairman,  Board  of  Governors  of\t the
\nInstitute.  The\t  Board\t of   Governors\t  is   the   highest
\ngoverning\/executive body  of the  Institute. As\t a matter of
\nprocedure, representations  addressed to the chairman of the
\nBoard of  Governors or\tto the\tBoard of Governors are first
\nplaced before  the Grievance  Committee and personal hearing
\nis also\t given before such Committee and personal hearing is
\nalso given  before such Committee. The appellant’s grievance
\ncommittee consisting  of three\tmembers and personal hearing
\nwas also  given to  the appellant. The representation of the
\nappellant was thereafter forwarded to the Board of Governors
\nwith  the  notions  of\tthe  Grievance\tCommittee  and\tsuch
\nrepresentation was  considered by the Board of Governors and
\nwas rejected. The appellant was informed about the rejection
\nof his\trepresentation. it  has\t also  been  stated  in\t the
\ncounter affidavit  that the  appellant was  given  one\tmore
\nopportunity to\tmake further  representation for  placing it
\nbefore the  Incharge of the Grievance Committee of the Board
\nof Governors  as decided  by the  Chairman but the appellant
\nfailed to avail of such opportunity.\n<\/p>\n
     So\t far   as  the\t Advertisement\tNo.  11\/87  for\t the
\nrecruitment to\tthe post of Assistant professor in the Civil
\nEngineering Department of the institute is concerned, it has
\nbeen stated  in the counter affidavit that the appellant Dr.
\nGupta was  not called  for  interview  because\the  was\t not
\npossessing  he\t basic\tdegree\tin  Civil  Engineering.\t The
\ncandidates in  the field of Structural Engineering including
\nbuildings  science  and\t water\tresources  engineering\twere
\ncalled for  interview as  per the  advertisement having\t the
\nfollowing criteria  laid down  for  the\t post  of  assistant
\nProfessor.\n<\/p>\n
     “Ph. D  with 8  years of  experience  after  B.Tech\/BE.
\nDegree in Civil Engineering inclusive of not less than three
\nyears experience  in teaching.\tThis experience will include
\nthe  period   spent  for   research  leading   to  Ph.D.  or
\nM.Tech.M.E. with 10 years of experience after B.Tech. Degree
\nin Civil  Engineering of  which not  less than\tthree years’
\nexperience in  teaching.” As   Dr.  Gupta was  not holder of
\neither Bachelor\t degree or Master Degree in Engineering, but
\nhe  was\t  holder  of   Master  Degree  and  Ph.D  Degree  in
\nMathematics, he\t lacked\t in  basic  qualification  and\talso
\nspecialisation required\t for the said post. It has also been
\nstated in  the counter\taffidavit  that\t the  appellant\t was
\nadvised that  he would\tbe required  to apply afresh for the
\npost mentioned\tin the\tadvertisement No.  13\/89  and  17\/89
\nwhich were in the specialisation of the appellant. A copy of
\nthe letter  by the  Director advising the appellant to apply
\nafresh\tfor   the  post\t  of  Assistant\t  professor  in\t the
\nspecialisation\tof  water  resources  engineering  has\tbeen
\nannexed to  in the  counter affidavit  but the appellant did
\nnot apply  in response\tto the\tadvertisement No.  13\/89 and
\n17\/89.\n<\/p>\n
     The case  of the appellant was initially represented by
\nMr. P.P.  Rao, Senior counsel, as requested by this Court in
\nView of\t the fact  that the appellant is appearing in person
\nand is not fully conversant with the procedure of the court.
\nThe appellant,\thowever, later\ton expressed  the desire  to
\naddress\t the  Court  himself  and  he  has  been  given\t the
\nopportunity of being heard.\n<\/p>\n
     It appears\t to us that the appellant was not called for
\ninterview on  two occasions  when he applied for the post of
\nsenior\tScientific   Officer  Grade   I\t  in   response\t  to
\nAdvertisement No.  12\/85 and  for the  post of\ta  Assistant
\nProfessor in response to Advertisement No. 12\/85 and for the
\npost of Assistant professor in response to Advertisement No.
\n11\/87 because according to the department, the appellant did
\nnot possess  the requisite  expertise which was required for
\nthe said  post. It  is true  that for  the  post  of  Senior
\nscientific Officer Grade I as contained in Advertisement No.
\n12\/85,\tthe  appellant\thad  requisite\tminimum\t educational
\nqualification but  it is  the case of the department that he
\nlacked in  the specialisation  in the  particular field\t for
\nwhich the Senior Scientific Officer Grade I was required. So
\nfar as\tthe second  Advertisment for  the post\tof Assistant
\nProfessor is  concerned, the  qualification prescribe of the
\nsaid post  was Bachelor\t or post  Graduate degree  in  Civil
\nengineering and\t admittedly the\t appellant does\t not possess
\nsuch degree.  From the\tfacts and  circumstances of the case
\nplaced before this Court, it cannot be held that arbitrarily
\nor capriciously the appellant’s case had been considered and
\nhe was not short listed and called for interview on both the
\noccasions in  a designed  manner.  Unfortunately,  when\t the
\nadvertisement, Nos.  13\/89 and\t17\/89 were  advertised,\t the
\nappellant did  not apply.  We may  however state that it has
\nnot been  correctly contended  in the counter affidavit that
\neither\tfor   the  post\t of  Senior  Scientific\t Officer  Or
\nAssistant  Professor,  unless  the  basic  degree  in  Civil
\nengineering  is\t  not  possessed,   a  candidate  cannot  be
\nconsidered for\tinterview. As  a  matter  of  fact,  in\t the
\nadvertisement No.  12\/85 it  was specifically mentioned that
\nthe holder  of post  Graduate Degree in the field of Science
\nwas eligible to apply. therefore, we do not think that there
\nwould be any difficulty for the appellant to apply in future
\nwhen suitable  posts with  expertise in\t the  speciality  in
\nwhich the  appellants has  long experience  are to be filled
\nup.\n<\/p>\n
     It may  he indicated  here that  during the pendency of
\nthis appeal,  the appellant  was given\tliberty to  apply in
\nresponse to  further advertisements  for filling the post of
\nsenior scientific  Officer Grade I\/Assistant Professor Civil
\nEngineering Department,\t I.I.T., Delhi\twithout prejudice to
\nthe rights  and contentions of the appellant in this appeal.
\nthe appellant  applied but has not been selected. The reason
\nhas been  indicated by\tthe respondents that he did not have
\nthe experience\t or  expertise in  the particular  field for
\nwhich advertisements  were given.  In  the  absence  of\t any
\nmaterial on  the basis\tof which Thais court can come to the
\nfinding\t that  the  case  of  the  appellant  has  not\tbeen
\nconsidered deliberately and in a calculated manner to ensure
\nthat he\t would\tnot  be\t selected  to  the  post  of  Senior
\nScientific  Officer  Grade  I\/Assistant\t professor,  we\t are
\nafraid that  no relief can be given to the appellant in this
\nappeal. The appeal, therefore, fails and is dismissed.\n<\/p>\n
     Before we\tpart, we may indicate that the appellant has
\nbeen serving  the Institute  in Civil engineering Department
\nfor a  number of  years and has been rendering a very useful
\nservice in the department by guiding under graduate and post
\ngraduate students  in the  Civil Engineering  department and
\nalso the research scholars. There is no manner of doubt that
\napart  from   his  qualification   as  M.Sc,   and  Ph.D  in
\nMathematics, the  appellant has\t gained a long experience in
\nthe field  in watt  resources management.  It will  be\tonly
\nunfortunate if his future career is blocked for ever only on
\nthe  score   that  he  does  not  possess  degree  in  civil
\nengineering. The appellant has been selected for the post of
\nSenior Scientific  Officer Grade  II by\t competing with\t the
\ncandidates having  engineering degree.\tIt will\t not be fair
\nand just  to deny  the appellant  an opening  or  chance  of
\nfuture promotion  even though  the appellant was selected as
\nsenior Scientific  Officer Grade  II as far back as in 1982.
\nWe reasonably  expect that  the Board of Governors of I.I.T,
\nDelhi  will  keep  in  mind  the  misfortune  and  prejudice
\nsuffered by  the appellant  for\t not  getting  any  suitable
\navenue for  promotion despite  his long\t years of service in
\nthe Institute.\tWe have no doubt that the Board of Governors
\nwould be  alive to the misery of the appellant and would see
\nthat the  experience of the appellant is properly recognised
\nso that\t he gets  an  opening  for  appropriate\t posting  in
\npromotional post  either in the civil engineering department
\nor any\tother  suitable\t department  by\t inter\tdepartmental
\ntransfer where\this specialisation may be gainfully utilised
\nin the best possible manner.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Dr. H.S. Gupta vs The Chairman, Board Of … on 8 July, 1997 Author: G.N. Ray Bench: G.N. Ray, G.B. Pattanaik PETITIONER: DR. H.S. GUPTA Vs. RESPONDENT: THE CHAIRMAN, BOARD OF GOVERNORS,I.I T, DELHI & ORS. DATE OF JUDGMENT: 08\/07\/1997 BENCH: G.N. RAY, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT: THE 8TH DAY […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-42703","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nDr. H.S. 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