GUWAHATI, India, July 19 -- Gauhati High Court issued the following order on June 18:

1. In connection with W.A. 350/2022, heard Mr. K.K. Mahanta, learned senior counsel, assisted by Ms. N. Begum, learned counsel for the appellant. Also heard Mr. S.K. Medhi, learned CGC for respondent no.1; Mr. S. Sutradhar, learned counsel for respondent no.2; Ms. J. Das, learned counsel for respondent no.3; Mr. A. Chamuah, learned standing counsel for respondent no.4; none appears on call for the respondent no.5; and Mr. D. Das, respondent no.6-in-person.

2) In connection with W.A. 142/2023, heard Mr. S. Sutradhar, learned counsel for the appellant. Also heard Ms. K. Deka, learned counsel appearing on behalf of Ms. R. Devi, learned CGC for respondent no.2; Ms. J. Das, learned counsel for respondent no.3; Mr. D. Das, respondent no.4-inperson; Mr. A. Chamuah, learned standing counsel for respondent no.5; and none appears on call for respondent no.6.

3) Mr. D. Das, the respondent-in-person (i.e. respondent no.6 in W.A. 350/2022 and respondent no.4 in W.A. 142/2023) was the writ petitioner in W.P.(C) 7342/2017, amongst others, praying for setting aside the selection and appointment of Sri Bhaskar Choudhury (respondent no.3 in writ petition) and Sri Sunirmal Bhattacharjee (respondent no.4 in the writ petition) as Assistant Executive Engineer (Civil) in the Indian Institute of Technology, Guwahati (hereinafter referred to as "IIT-G" for brevity), and for further direction to the official respondents to publish a fresh selection list as per the selection result dated 04.05.2017 for appointment to the said post.

4) For the sake of convenience, the respondent no. 6 in W.A. 350/2022 and respondent no.4 in W.A. 142/2023, who was the writ petitioner in W.P.(C) 7342/2017, is hereinafter referred to as "respondent-in-person".

5) In brief, the case of the respondent-in-person, in the writ petition, is that pursuant to employment advertisement dated 25.11.2016, he and several others had applied for filling up the post of Assistant Executive Engineer (Civil). The six short-listed candidates were called for interview on 11.04.2017. Thereafter, the authorities of the IIT-G had selected the two Internal Candidates of IIT-G, namely, Sri Bhaskar Choudhury and Sri Sunirmal Bhattacharjee (respondent nos. 3 and 4 in the writ petition) for appointment to the post of Assistant Executive Engineer (Civil). Their appointment was challenged by the respondent-in-person on the ground that Sri Bhaskar Choudhury had obtained B.Tech (Civil) Degree from the Institute of Advance Studies in Education (IASE for short), a deemed university in the State of Rajasthan through Distance Education Mode, which is impermissible. Similarly, the appointment of Sri Sunirmal Bhattacharjee was challenged on the ground that he had obtained B.S. Degree (Engineering Technology), from Birla Institute of Technology and Science, Pilani (BITS, Pilani for short), which is Work Integrated Learning Programme (hereinafter referred to as WILP for brevity), a Distance Education mode, which is not equivalent to B.Tech or B.E. Degree, which was impermissible.

6) The writ petition was allowed by the learned Single Judge vide impugned judgment and order dated 28.07.2022, by holding that the as per the views and inputs of the AICTE and UGC, the qualification of Bachelor of Science in Engineering Technology from BITS Pilani in respect of the said Sri Sunirmal Bhattacharjee (respondent no. 4 in the writ petition) is not a recognized degree. Accordingly, it was further held that he did not have the necessary minimum qualification to participate in the selection process pursuant to the employment advertisement dated 25.11.2016 for appointment to the post of Assistant Executive Engineer (Civil).

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfKWZegtA%2F5OLmkUwduKmdugu4QL9O3V6%2FNlPSJbgVetB&caseno=WA/142/2023&cCode=1&cino=GAHC010246812022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.