Shiv Raj v. National Institute Of Technology And Others

   
     
 


 

 





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"9.

That the contents of Para No.9 of the petition are not denied being matter of record. The petitioner was not eligible for the post of Technical Assistant SG I in the Computer Engineering Department as he did not have the relevant discipline experience in the holding analogous post. Hence, he was accordingly informed vide letter No. Gen 1/3772/1299. dated 3.04.2023. It is worth mentioning here he is working in ECE Department since 2008 till date and therefore did not possess the 02 years' relevant discipline experience against the post of Technical Assistant SG I in Computer Engineering Department.

10.

That in reply to the contents of Para No. 10 the Petition is wrong and denied. The eligibility for promotion is determined as per recruitment rules As the applicable to any particular post/cadre. petitioner does not possess the required 02 years' experience discipline, relevant the in his candidature was not considered for promotion to the post of Technical Assistant Engineering Department. SG I (Computer Engineering Department)."

 



 





  
 

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 First Class or equivalent Grade in BE/B.Tech/MCA in relevant subject from a recognised University/Institute.

OR First Class Diploma in Engineering in relevant field with excellent academic record OR First Class Bachelor's degree in Science from a recognized University or Institute.

OR Master's degree in Science from a recognized University or Institute with at least 50% marks or equivalent grade.

 




 At least two years regular service as Technical Assistant (SG II) in PB 2, GP 4800/ through DPC and working performance record (APAR), through prescribed test and interview.

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%  "When selection is made by the Commission aided and advised by experts having technical experience and high academic qualifications in the specialist field, probing teaching/research experience in technical subjects, the Courts should be slow to interfere with the opinion expressed by experts unless there are allegations of mala fides against them. It would normally be prudent and safe for the courts to leave the decision of academic matters to experts who are more familiar with the problems they face than the courts generally can be. Undoubtedly, even such a body if it were to contravene rules and regulations binding upon it the court in excerise of extraordinary

jurisdiction to enforce rule of law, may interfere in a writ petition under Article 226."

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  i) holding analogous post; or ii) 2 years regular service with Grade Pay of Rs.4800/ as Technical Assistant (SG II) or its equivalent post.

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 Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No