National Institute Of Technology v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8903 of 2015 ===========================================================

1. National Institute Of Technology, Patna Teacher's Association through its Secretary Bijay Kumar Das Son of Sri Kewal Sharan Das resident of MohallaBhikanpur P.S.- Kotwali, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The Union of India through the Secretary Ministry of Human Resources Development, Department of Higher Education, NIT Division, Shastri Bhawan, New Delhi.

2. The Secretary, Secretary Ministry of Human Resources Development, Department of Higher Education, NIT Division, Shastri Bhawan, New Delhi.

3. The Director, Ministry of Human Resources Development, Department of Higher Education, NIT Division, Shastri Bhawan, New Delhi.

4. The Joint Director, Ministry of Human Resources Development, Departmnet of Higher Education, NIT Division, Shastri Bhawan, New Delhi.

5. The Council of National Institute of Technology, Shastri Bhawan, New Delhi through its Principal Secretary.

6. The University Grants commission, through its Secretary, Bahadur Shah Zafar Marg, New Delhi-110002.

7. The Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi-110002.

8. National Institute of Technology, Patna through its Registrar Ashok Raj Path, Patna-800005.

9. The Director, National Institute of Technology, Patna Ashok Raj Path, Patna800005.

10. The Registrar, National Institute of Technology, Patna Ashok Raj Path, Patna800005.

11. The Board of Governors National Institute of Technology, Patna through its Chairman.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar For the Union of India : Mr. S.D Sanjay, Addl. Sol. General For Respondents 8 to 11: Mr Y.V.Giri, Sr. Advocate Mr S.K.Giri For Intervener : Mr M. Mauli Mr Saket =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-02-2016 The Court is in agreement with the preliminary objection

Patna High Court CWJC No.8903 of 2015 dt.04-02-2016 2/2 raised by the learned senior counsel about the bona fide as well as the right of the organization as such to raise the issue. Any individual, who happens to be a Teacher of the Institution, has freedom to approach the Court on their own and they do not need to organize as a trade union to approach a court of law. Writ is dismissed with liberty as above.

(Ajay Kumar Tripathi, J) sk U