# Prof. Vijaishri Tiwari v. U.O.I. & Ors. Opp. Parties

- **Citation:** (2024) 5 ILRA 1168
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-05-24
- **Case number:** Writ-A No. 20794 of 2022
- **Bench:** Saurabh Shyam Shamshery
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/prof-vijaishri-tiwari-v-u-o-i-ors-opp-parties-51994
- **Pages:** 34

## Headnote

(A) Service Law - Invalidation of Selection
Process for Registrar Position at IIIT - The
Indian
Institutes
of
Information
Technology Act, 2014 - Section 32 -
appointments, Section 44 - validity of acts,
Section 46 - directions from the Central
Government - violation of due process of
selection - Fairness in any selection
process is an utmost necessity - Deviations
from prescribed procedures can render the
process void - Candidates should not
influence the selection process - decision
to declare a selection process void can be
upheld if based on legally sustainable
reasons.(Para - 46 , 50 to 53)

IIIT initiated a selection process for the
Registrar
position
-
Petitioner
(Acting
Registrar) applied for the position - Selection
committee had 2 extra unapproved members
- Written test was introduced without
approval - Petitioner's application was not
submitted through proper channel - Selection
process was declared void due to deviations -
Fresh recruitment process was initiated -
petitioner,
as
a
candidate
and
Acting
Registrar,
had
influenced
the
selection
process - Petitioner challenged the decision.
(Para - 36 to 43 )

HELD: - Selection process was invalid due to
procedural irregularities and the decision to
declare it void was justified.
Challenge
to
fresh recruitment process has no basis. No
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1169
ground to interfere with a decision to declare
earlier process being void. (Para - 52 to 55)

Both Writ Petitions Dismissed. ( E-7)

List of Cases cited:

## Text

_Characters 0–39,765 of 107,773. This is a partial read: ask again with offset=39765 for what follows._

1168 INDIAN LAW REPORTS ALLAHABAD SERIES
without considering individual cases of the
government servant. The report further
established that the service record has not at
all been considered by the respondent while
passing the impugned order of compulsory
retirement. The order dated 07.11.2019
further contain the detail of punishment
orders dated 22.10.2019, 02.11.2017 and
20.9.2018. Thus, the order dated 7.11.2019
cast stigma and also amount double
punishment. As such, the order dated
7.11.2019 passed by the respondent no. 1 is
not sustainable being contrary to law and is
hereby quashed. So far as the orders dated
22.10.2019, 02.09.2018 and 02.11.2017
awarding punishment to the petitioner is
concerned, he is granted liberty to file
representation/appeal against the said order
in accordance with the relevant rules.

28. In this view of the matter
respondents are directed to pass orders for
joining of the petiitoner within three weeks
from today. Respondents are further directed
to provide all the consequential benefits to
the petitioner including arrears of salary,
seniority and other benefits in this regard
within a period of 6 weeks from today.

29. The writ petition is partly
allowed.

30. No order as to costs.

31. Registrar (Compliance) is
directed to communicate copy of this order
to
respondent
no.1-Additional
Chief
Secretary,
Ministry
of
Home,
U.P.
Secretariat, Lucknow within 24 hours.
----------
(2024) 5 ILRA 1168
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 24.05.2024

BEFORE
THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Writ-A No. 20794 of 2022
Connected with
Writ-A No. 17984 of 2023

Prof. Vijaishri Tiwari ...Petitioner
Versus
U.O.I. & Ors. ...Opp. Parties

Counsel for the Petitioner:
Sri G.K. Singh, Sr. Adv., Sri Hritudhwaj Pratap Sahi

Counsel for the Opp. Parties:
Sri Shailendra, Sr. Adv., Sri Rohan Gupta, Sri Anil
Kumar Rai

(A) Service Law - Invalidation of Selection
Process for Registrar Position at IIIT - The
Indian
Institutes
of
Information
Technology Act, 2014 - Section 32 -
appointments, Section 44 - validity of acts,
Section 46 - directions from the Central
Government - violation of due process of
selection - Fairness in any selection
process is an utmost necessity - Deviations
from prescribed procedures can render the
process void - Candidates should not
influence the selection process - decision
to declare a selection process void can be
upheld if based on legally sustainable
reasons.(Para - 46 , 50 to 53)

IIIT initiated a selection process for the
Registrar
position
-
Petitioner
(Acting
Registrar) applied for the position - Selection
committee had 2 extra unapproved members
- Written test was introduced without
approval - Petitioner's application was not
submitted through proper channel - Selection
process was declared void due to deviations -
Fresh recruitment process was initiated -
petitioner,
as
a
candidate
and
Acting
Registrar,
had
influenced
the
selection
process - Petitioner challenged the decision.
(Para - 36 to 43 )

HELD: - Selection process was invalid due to
procedural irregularities and the decision to
declare it void was justified.
Challenge
to
fresh recruitment process has no basis. No
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1169
ground to interfere with a decision to declare
earlier process being void. (Para - 52 to 55)

Both Writ Petitions Dismissed. ( E-7)

List of Cases cited:

1. Kuntesh Gupta Vs Management of Hindu
Kanya Mahavidyalaya Sitapur & ors., AIR 1987 SC
2186

2. K.S.E. Board Vs H.C.C. Ltd. & ors., 2006 (12)
SCC 500

3. Dr. Mohd. Suhail Vs Chancellor, University of
Alld. & ors., 1994(2) UPLBEC 787

4. Prabhu Narain Singh Vs Deputy Director of
Education, Varanasi, 1977 (3) ALR 391

(Delivered by Hon'ble Saurabh Shyam
Shamshery, J.)

1. Petitioner before this Court is
holding
the
post
of
Professor
in
Respondent-Institute, i.e., Indian Institute
of Information Technology, Allahabad
(hereinafter
referred
to
as
"IIIT,
Allahabad") and was handed over charge
to the post of Registrar (Acting) of
Institute on 01.12.2022 due to unfortunate
demise
of
earlier Acting
Registrar,
Professor Shirshu Verma.

2. In order to appoint a permanent
Registrar,
the
Institute
has
issued
Advertisement
dated
27.07.2021
advertising one post of Registrar and one
post of Deputy Registrar. "General
Instructions"
for
candidates,
being
relevant
as
mentioned
in
the
advertisement, are reproduced hereinafter:

"GENERAL
INSTRUCTIONS
TO THE CANDIDATES

1. Preference will be given to
'Persons with Disabilities', even where
reservation is not marked in the table
given on 1st page of this advertisement, if
suitable PwDs are available.
2. (a) The Institute reserves its
right to place a reasonable limit by
putting a certain criteria on the total
number of candidates to be called for
written
test/presentation/seminar/Interview.
(b)
Merely
fulfillment
of
qualifications does not entitle a candidate
to be called for written test/presentation/
seminar/Interview.
(c) The Institute reserves the right
not to fill up the posts, cancel the Advt. in
whole or in part without assigning any
reason and its decision in this regard shall
be final.
3. (a) The SC/ST and OBCS-NCL
are required to attach a copy of the Caste
Certificate with the application in the
format prescribed by the Govt. of India.
(b) The Institute follows the
reservation norms as per GOI rules for
SC/ST/OBC and PwDs. Central Govt.
approved list of SC, ST and OBC
categories
as
applicable
at
IIIT
Allahabad.
4. Candidates must ensure before
applying that they are eligible according
to
the
criteria
stipulated
in
the
advertisement. If the candidate is found
ineligible at any stage of recruitment
process, he/she will be disqualified and
their candidature will be cancelled.
Hiding of Information or submitting false
Information will lead to cancellation of
candidature at any stage of recruitment.
The Institute reserves the right to reject
any application without assigning any
reason whatsoever.
5. Candidates desirous of applying for
more than one post should submit separate
application for each post along with requisite
application fees.
1170 INDIAN LAW REPORTS ALLAHABAD SERIES
6. The Institute reserves the right to
assign/transfer the selected candidates to any
section/department within the Institute and
appointments will be offered accordingly.
7. (a) The Institute reserves the right
to relax any of the qualifications/ experience
in exceptional cases.
(b) Higher initial basic pay may be
given
to
exceptionally
qualified
and
deserving candidate(s).
(c) Requirement of experience is
relaxable at the discretion of the competent
authority in the cases of SCs/STs.
8. The date of determining the
eligibility of all candidates in every respect
shall be the normal closing date of Advt.
9. The selection process will consist
of:
(i)
Presentation/Seminar
&
Interview for Sl. No. 1
(ii)
Written
Test/Presentation/Seminar and Interview
for Sl. Nos. 2

10. Those candidates who will be
shortlisted for the Interview will be paid to
& fro journey fare by direct shortest route on
submission of tickets in original as under:
Group-A posts at Sl. Nos. 1 AC-II
(Rajdhani Exp. Also)/Chair car in Shatabdi
Exp.
Group-A posts at Sl. Nos. 2 AC-III
(Ra)dhanl Exp. Also) / Chair car in Shatabdi
Exp.
11. (a) The applicants shall be
required to pay following application fee
through the options of net banking and
debit/credit cards, etc. In addition to
application fee, the banks will also charge
transaction fee + service tax if any.
Group-A posts at SL Nos. 1 to 2- Rs.
1000/-
(b) The fee once paid will not be
refunded
or
re-adjusted
under
any
circumstances.
(c) No other mode of payment will
be accepted except online payment; and
such applications will be relented forthright
and the payment made shall stand forfeited.
12
(a)
Institute
will
not be
responsible for any postal delay.
(b) Interim correspondence will not
be entertained or replied to.
(c) Any attempt to influence will
lead to disqualification of candidature.
13. (a) The candidates are required
to apply ONLINE only from 10:00 a.m. on
04.08.2021 to 24.09.2021 up to the midnight
of 23:59 hrs. The applications sent in hard
copies shall not be entertained in any case.
(b) For submission of application
through online mode, please visit Institute's
website:
https://recruitment.iiita.ac.in/nonte
achinglob/.
(c) The print out of completed
application
along
with
all
relevant
supporting documents duly self attested
must reach the Institute on or before
30.09.2021
through
Speed
Post
or
Registered Post
(d)
Incomplete
application
or
without relevant supporting enclosures or if
received after dosing date, i.e. 30.09.2021,
will be summarily rejected and no further
query will be entertained.
(e) Person serving In Govt./ SemiGovt. / PSUs should also apply online and
send the print out of completed application
form along with all relevant supporting
documents and transaction slip with date,
duly self attested, THROUGH PROPER
CHANNEL However, they may produce the
NOC from their organizations at the time of
Interview with an unambiguous certificate
that (i) no vigilance case is pending/being
contemplated against him/her, (ii) the
applicant will be relived within one month of
receipt of appointment offer, if he/she is
selected. List of Major/Minor penalties, if
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1171
any, imposed during the last 10 years may
be asked to submit at any time. Such persons
are also advised to send an advance copy of
their application, if applicable.
(f)
The
envelope
containing
complete
application
should
be
superscribed as "Application for the post
of ................" and must be sent to Joint
Registrar (Estt.), Establishment Section,
Administration Building, IIIT Allahabad211015 (U.P.) INDIA.
14. In case of any dispute/ambiguity
that may occur in the process of selection,
decision of the Director, IIIT Allahabad,
shall be final.
15. Any legal proceedings in respect
of any matter of claim or dispute arising out
of this advertisement and/or an application
in response thereto can be Instituted only in
Prayagraj and courts/tribunals/forums at
Prayagraj only shall have sole and exclusive
jurisdiction to try and such cause/dispute."

3. For the purpose of present case
Instruction No. 2 (a), (b), (c) and 9 are more
relevant, therefore, the same are again
reproduced hereinafter:

"2. (a) The Institute reserves its
right to place a reasonable limit by putting
a certain criteria on the total number of
candidates to be called for written
test/presentation/seminar/Interview.
(b)
Merely
fulfillment
of
qualifications does not entitle a candidate
to be called for written test/presentation/
seminar/Interview.
(c) The Institute reserves the right
not to fill up the posts, cancel the Advt. in
whole or in part without assigning any
reason and its decision in this regard shall
be final."
"9. The selection process will
consist of:
(i)
Presentation/Seminar
&
Interview for Sl. No. 1
(ii)
Written
Test/Presentation/Seminar and Interview
for Sl. Nos. 2"

4. As referred above, selection
process for post of Serial No. 1, i.e.,
Registrar was consist of Presentation/
Seminar and Interview, whereas selection
process for the post of Deputy Registrar was
consist of Written Test/ Presentation/
Seminar and Interview.

5. In pursuance of aforesaid
advertisement petitioner applied for the post
of Registrar. The Institute appointed a
Screening
Committee
for
screening
applications and for further selection
process by a note dated 20.09.2021 which
consists of Chairman and Members and the
note in its entirety is reproduced hereinafter:

"INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY
ALLAHABAD
Establishment Section
September 20, 2021
NOTE
The Institute has advertised the
posts of Registrar as per Advt. No.
Estt/OpenRecruit/Reg- 02/2021 dated July
27, 2021 for IIIT Allahabad. As per our
discussion, the following Committee may
kindly be approved for screening the
applications for further selection process:
1.
Professor
Rajiv
Tripathi,
Director, MNNIT, Ald : Chairman
2. Prof. N.K. Shukla, Registrar, AU,
Ald. : Member
3. Prof. H. Kar, ECED, MNNIT Ald :
Member
4. Prof. A.K. Sachan, CED, MNNIT
Ald : Member
1172 INDIAN LAW REPORTS ALLAHABAD SERIES
Submitted for approval please.
Kindly also approve the sitting
charges and other convenience charges as
applicable."

6. A Selection Committee for the
post of Registrar was constituted by a
communication dated 26.10.2021 consisting
of a Chairman and six Members. For
reference
the
same
is
reproduced
hereinafter:

"INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY
ALLAHABAD
Office of Establishment Section
October 26, 2021
The Director
IIIT Allahabad

Subject: Constitution of Selection
Committee for the post of Registrar
Sir.
Currently, we are in the process of
selections for the post of Registrar in the
institute. The interview date for the
Registrar is scheduled on 12th November
2021. The following members for the
Selection Committee is proposed for your
kind approval

1. Prof. P. Nagabhushan, Director :
Chairperson
2. Prof. K. Sethupathi, IIT Madras :
Member
3.
Prof.
DVLN
Somayajulu,
Director, IIT Kurnool : Member
4.Shri S. Goverdhan Rao, Registrar,
NIT Warangal : Member
5.
Prof.
R.C.
Hansdah,
IISc
Bangalore : Member
6. Prof. S.A. Ansari, Ex Professor,
Monirba : Member
7. Prof. Shekhar Verma, Dean HA,
IШТА : Member
Kindly also approve the sitting
charges, local hospitality and to & fro fare
by train/flight (other than Air India, in case
non-availability)"
7.
The
Screening
Committee
screened 52 candidates out of total 66
candidates.
Thereafter
Presentation
Committee for the post of Registrar of
Institute
was
constituted
by
a
communication dated 09.11.2021 consisting
of a Chairman and two Members. The said
communication in its entirety is reproduced
hereinafter:

"INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY
ALLAHABAD
November 9, 2021
The Director
IIIT Allahabad
Subject:
Approval
of
the
Presentation Committee for the post of
Registrar, IIIT Allahabad
Sir:
As per your direction, the following
committee is proposed to conduct the
presentation on 10th and 11th November
2021 for the post of Registrar, against the
Advt No.Esstt./OpenRecruit/Reg- 02/2021
dated July 27, 2021.
1. Prof. Rajeev Tripathi, Director,
MNNIT Allahabad : Chairman
2. Prof. A.K. Sachan, MNNIT,
Allahabad : Member
3. Dr. Sarvesh K Tiwari, Registrar,
MNNIT, Allahabad : Member
The above committee will also
evaluate the case study analyzed by the
candidates and take into account while
assessing the overall performance in the
presentation.
Submitted for your kind approval of
the above committee please.
Also, please approve the sitting
charges for the expert members, transport
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1173
and
hospitality
for
conducting
the
presentation on both days.
Thanking you,"

8. In furtherance of above
communication petitioner and others were
called for presentation for the post of
Registrar. For reference call letter for said
purpose issued to present petitioner is
reproduced hereinafter:

"Prof. Vijaishri Tewari
2-Elgin Road, Civil Lines
Prayagraj
(Allahabad),
Uttar
Pradesh-211001
Email: vijayshri@iita.ac.in
Mob: +91-9415214707
Subject:
Call
Letter
for
Presentation for the post of Registrar at
IIIT Allahabad

Dear Madam:

With reference to your application
for the post of Registrar, you are required to
appear
for
presentation
before
the
designated
committee
as
per
below
mentioned schedule:
Date: 10th November 2021
Time: 9:30 AM
Venue: Board Room, IIIT Allahabad
Campus
You may deliver your 10 minutes
presentation in 7-8 PPTs on one of the below
mentioned topics:

• Institutional Development
•
Self-sustaining,
resource
generation and funding
• NIRF Ranking
•
General
Govt
Rules
and
Disciplinary proceedings
The PPT may have to be sent in
advance, latest by 8th November 2021 to:
neeraj@iiita.ac.in
Those
who
qualify
in
the
presentation will be called for the Interview
on 12th November 2021 marting from 9:30
AM onwards. The list of short listed
candidates will be floated on the IIIT
Website as well as on the Notice Board of the
IIIT-A Allahabad. No separate individual
Information will be provided. All are
requested to watch the website and come
prepared to stay for extra days to attend the
interview on 12th November 2021 subject to
qualifying the presentation.
Please note that TA will be paid to
only those candidates who will qualify for
the Interview on the submission of bills.
Visitors'
Hostel
accommodation
may be provided by the IIIT Allahabad
campus subject to availability. You may
contact to Mr Deep Narain Das (Caretaker),
regarding availability for lodging etc. His
contact No.: 0532-292 2369, 2382 and
email is: dndas@iiita.ac.in (Food expenses
have to be borne by you only).
Please bring with you all original
certificate(s),
mark
Sheet(s),
caste
certificate, testimonials and other relevant
papers
(e.g.,
experience
certificate(s)
mentioning the date of joining and date of
leaving). Also, in case you have not
submitted photocopies of your educational
and experience documents, please bring a
set of self attested photocopies of relevant
documents that you have mentioned in the
application form.
In case you are an employee of a
Govt/Semi-Govt/Institute
and
your
application has not been forwarded through
proper channel, please provide a "NO
OBJECTION CERTIFICATE" from your
present employer, otherwise you will not be
permitted
to
appear
for
presentation/Interview.
For any query/correspondence, you
may contact to Shri Neeraj Srivastava
(0532-292 2550); email: neeraj@iiita.ac.in
1174 INDIAN LAW REPORTS ALLAHABAD SERIES
Yours Sincerely,
Pavan Kumar Saini
Joint Registrar"

9. Petitioner and other candidates
appeared for presentation on 10.11.2021 as
well as on 11.11.2021.

10. Above referred Selection
Committee was supposedly constituted in
terms of Clause 9(5) of Statutes of Indian
Institutes of Information Technology and for
reference Clause 9 in its entirety is also
reproduced hereinafter:

"9. Appointments. (1) All faculty
posts at the Institute shall be filled by an
open advertisement in accordance with the
procedures of the Government of India and
all other positions shall be filled as per the
recruitment rules of the institute approved
by the Board and all services rendered by
Group D level shall be made by outsourcing
or contract.
](2) The probation of new recruits,
other than Assistant Professor, shall be for a
period of one year and for new recruit
Assistant Professor shall be of two years.
(3)
The
Institute
shall
make
necessary provisions for the reservation of
posts as laid down by the Central
Government.
(4) The Selection Committee in case
of Professors shall consist of the following
members, namely:-
(i) The Director; Chairperson
(ii) One nominee of the Visitor;
Member
(iii) Two experts from the panel of
experts a priori approved by the Board;
Members
(iv) One expert nominated by the
Senate from the panel of Senate experts;
Member
Note: One Scheduled Castes or
Scheduled
Tribes
member
shall
be
nominated by the Board, if none of other
members belong to the Scheduled Castes or
Scheduled Tribes category.
(5) The Selection Committee in the
case of the post of Associate Professor
including on- contract, Librarian, Deputy
Librarian, Assistant Librarian, Registrar,
Deputy
Registrar,
Assistant
Registrar,
Institute Engineer, Sports Officer, Assistant
Sports Officer, Chief Medical Officer,
Medical Officer, Accounts Officer, Audit
Officer, Estate Officer shall be as under:-
(i) The Director-Chairperson;
(ii) Two experts nominated by the
Board - Members;
(iii) One expert nominated by the
senate - Member,
(iv) The Head of the Department or
Centre or School or Unit concerned, if the
post for which selection is being made is
lower in status than that occupied by the
Head of the Department or Centre or School
or Unit, or, the Chairperson, Senate Library
Committee of the Institute, for the posts of
Librarian, Deputy Librarian and Assistant
Librarian, or an administrative or sports or
medical or engineering or accounts or audit
or estate expert of appropriate level to be
nominated by the Board for the post of
Registrar or Sports Officer or Chief Medical
Officer or Institute Engineer or Accounts
Officer or Audit Officer or Estate Officer.
(v) Registrar, for the post of Deputy
Registrar and Assistant Registrar or Sports
Officer for the post of Assistant Sports
Officer or Chief Medical Officer for the post
of Medical Officer.
Note: One Scheduled Castes or
Scheduled Tribes member needs to be
nominated by the Board, if none of other
members belong to Scheduled Castes or
Scheduled Tribes category.
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1175
(6) The Selection Committee for all
other posts shall be as under:-
(i) The Director or his nominee
appropriate to the post - Chairperson;
(ii) One nominee of the BoardMember,
(iii) One expert nominated by the
Board from list of Board experts-Member,
(iv) One expert nominated by the
senate from list of Senate expert - Member,
(v) Head of the Department or
Centre or Discipline or School or Unit
concerned in case of posts not covered in
any Department or Centre or Discipline or
School or Unit, the authority to which the
incumbent of the said post reports shall be
included as Member.
Note: One Scheduled Castes or
Scheduled
Tribes
member
shall
be
nominated by the Board, if none of other
members belong to Scheduled Castes or
Scheduled Tribes category.
(7) The list of experts nominated by
the Board and the list of experts nominated
by the Senate shall be a priori approved by
the Board and Senate, respectively
(8) For a Department or Centre or
School, there shall be one list each of the
Board and the Senate experts
Provided that if the Department or
Centre or School is mandated by the Board
to have faculty members from different
disciplines, then there shall be one list each
of Board and Senate experts for each
discipline, and candidates from a discipline
shall have experts from that discipline.

(9) The Director may constitute a suitable
Screening Committee to consider all
applications received by the Institute for
filling of posts and the Screening Committee
shall recommend candidates fulfilling the
eligibility
criterion,
along
with
the
relaxations granted by the Board, for the
consideration of the Selection Committee.
Provided that a detailed summary of
all applications received by the Institute
shall be made by the screening committee
and presented by it before the selection
committee for its acceptance or rejection or
modification,
Provided further that the screening
committee shall assign specific reason of
each application:
Provided also that the selection
committee may consider the candidature of
an applicant that was not recommended by
the screening committee, after recording the
reasons for doing so.
(10) All appointments made by the
Institute on regular or contractual or
temporary positions shall be reported to the
Board at its next meeting."

11. As referred in Clause 9(5) of
Statutes the Selection Committee for the
post of Registrar consists of a Chairman and
four Members and, therefore, constitution of
Selection
Committee
constituted
on
26.10.2021, wherein instead of a Chairman
and four Members its constitution was a
Chairman and six Members, on face of it
was not exactly in terms of Clause 9(5) of
Statutes.

12.

In
reference
to
above
paragraphs No. 35, 36 and 37 of counter
affidavit filed in Writ-A No. 20794 of 2022
are relevant and the same are reproduced
hereinafter:

"35. That, it is necessary to mention
here that from the aforesaid constitution of
the Selection Committee, it could be verified
that out of 7 members, three members were
not
approved
by
the
Board
of
Governors/Senate, they are Prof. DVLN,
Somayajulu Director of IIIT Kurnool, Shri S.
Goverdhan Rao, Registrar, NIT Warangal
(Member), Prof. Shekhar Verma, Dean HA,
1176 INDIAN LAW REPORTS ALLAHABAD SERIES
IIIT A (Member). The clause 9(7) provides
that the list of experts nominated by the
Board and the list of experts nominated by
the Senate shall be a priori approved by the
Board and Senate, respectively.
In view of aforesaid, inclusion of
alleged other mentioned members, the
Selection Committee becomes completely
illegal and acts without jurisdiction.
A copy of the list of the experts
nominated by the Board and by the Senate is
being filed herewith andmarked as Annexure
No. 9 to this affidavit.
36. That, in order to give the reasons
why aforesaid persons were not eligible to
become the members, it may be noted that as
per the Statute 9(5), the First member is
Director i.e. Chairperson, Second-two
expert Members Prof. K. Sethupathi, IIT,
Madras, R.C. Hansdah also under SC/ST
(nominated by the Board) and third member
nominated by the Senate Professor S.A
Ansari, Ex-Professor MONIRBA Allahabad
for which there is no dispute. In the fourth
category Head of the department or center
or school or unit, the Member referred for
Selection Committee Prof. Shekhar Verma in
this category, the name given is neither
qualified/eligible nor approved by the Board
of Governors. Fifth member was vacant as
Registrar herself was candidate.
37 That other than the above, Prof.
DVLN, Somayajulu Director IIIT, Kurnool,
was neither member nor nominated by the
Board
of
Governors
and
illegally
participated. Sri S. Governdhan Rao
Registrar, NIT, Warangal, was neither
member nor approved by the Board of
Governors in any category and illegally
participated. From the aforesaid it is clear
that 02 members were outsider and neither
approved nor authorized by the Board of
Governors. Further so far as member in
reference to category 04 is concerned, 4th
member Prof. Shekhar Verma was neither
eligible nor approved by the Board of
Governors."

13. In pursuance of call letter for
presentation number of candidates appeared
on 10.11.2021 and 11.11.2021 and a
tabulation chart was prepared giving marks
out of 50 under two different criteria, i.e., (a)
case study marks (out of 25), (b)
presentation marks (out of 25) and (c) total
marks obtained (out of 50).

14. At this stage, it would be
relevant to mention that according to
petitioner the two criteria stipulated, i.e.,
"Case Study" and "Presentation" was in
terms of advertisement issued for the post of
Registrar. As earlier referred, as per Clause
9 of General Instructions to candidates, the
selection process for the post of Registrar
would consists of Presentation/Seminar and
Interview whereas it is the case of Institute
that under criteria "Case Study" it was a
written examination for maximum marks of
25, which was not included in selection
process for the post of Registrar though it
was included for selection process to the
post of Deputy Registrar. The Court will
consider later on the effect of Clause 2 of
General Instructions which provides that
Institute reserves its right to place a
reasonable limit by putting a certain criteria
on the total number of candidates to be
called for written test/ presentation/ seminar/
interview and as such the Court will also
consider effect of written test being included
in selection process for the post of Registrar.

15. The Presentation Committee of
a Chairman and two Members drawn
minutes for selection on the post of Registrar
as per candidates appeared before said
Committee on 10.11.2011 and 11.11.2021
and on basis of total marks obtained (Case
Study and Presentation) it recommends
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1177
names of seven candidates as qualified for
post of Registrar for Interview. The said
minutes of meeting dated 11.11.2021 is
reproduced hereinafter:

"INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY
ALLAHABAD
ESTABLISHMENT SECTION

Ref. No. IIITA/Estt./2021/.3.5.3
Date: November 11, 2021
MINUTES OF THE MEETING OF
PRESENTATION COMMITTEE FOR THE
POST OF REGISTRAR (01-UR POSITION)
IN THE PAY MATRIX LEVEL-14 AS PER
7th CPC HELD ON 10.11.2021 &
11.11.2021 IN THE BOARD ROOM OF
INDIAN INSTITUTE OF INFORMATION
TECHNOLOGY ALLAHABAD, AGAINST
THE ADVT. NO Estt/OpenRecruit/Reg02/2021 DATED JULY 27, 2021,
Following Presentation Committee
Members were Present:
Prof. Rajeev Tripathi, Director,
MNNIT Allahabad : The Chairman
Prof A K Sachan CED, MNNIT
Allahabad : Member
Dr Sarvesh Kr. Trwani, Registrar,
MNNIT Allahabad : Member
A total of 66 (nos) of applications
were received for the said position. After
scrutiny of all the applications, 52
Candidates were provisionally shortlisted
and called for the presentation held on
10.11.2021 & 11.11.2021 at the Board Room
IIIT Allahabad, 14 nos of candidates out of
25 were appeared in the presentation on
10.11.2021 & 10 nos of candidates out of 27
were appeared in the presentation on
11.11.2021 at the Board Room, IIIT
Allahabad. A total of 24 candidates have
appeared in presentation and solving case
studies in both days.
The
Presentation
Committee
tabulated
the
marks
obtained
in
Presentation including Case Studies. On the
basis of marks obtained, the presentation
committee
recommends
the
following
candidates as qualified to be called for the
interview for the post of Registrar in the pay
matrix level-14 as per 7th CPC:
1. Prof Vijaishri Tewari
2. Shri Pranab Kumar Sarkar
3. Dr. Shyam Narayan
4. Dr. Brajraj Singh
5. Dr. Ajit Singh
6. Shri Krishan Kumar Tiwari
7. Dr. Atul Kumar Sharan"

16. At this stage it would be
relevant to mention that it was the
submission of Institute that Presentation
Committee has to forward names of all
candidates appeared before said Committee
as it would be obligation of Selection
Committee to call the candidates for
interview though it has not been denied that
above referred names of seven candidates
were on basis of merit.

17. At this stage it would also be
relevant to note submission of Institute that
by putting name of petitioner at Serial No. 1
a favour was given to her but it has no
substance from below referred tabulation of
marks dated 10.11.2021 and 11.11.2021
wherein names of top seven candidates are
mentioned in serial and petitioner at Serial
No. 5 obtained higher marks alongwith
some other candidates was the first
candidate qualified in said seven candidates.
For reference said charts dated 10.11.2021
and 11.11.2021 are reproduced hereinafter:

Date: 10.11.2021
List of Candidates called for
presentation on 10th November 2021 at
9:30 AM onwards
1178 INDIAN LAW REPORTS ALLAHABAD SERIES
for the post of Registrar against the
Advt. No. Estt/OpenRecruit/Reg-02/2021
dated July 27, 2021

S
.
N
Applic
ation
ID
Nam
e of
Cand
idate
Ca
se
Stu
dy
M
ar
ks
(O
ut
of
25
)
Prese
ntatio
n
Mark
s
(Out
of 25)
Tota
l
Mar
ks
Obt
aine
d
(Out
of
50)
1
.
733018
381007
Kaila
sh
Bans
al
15
14
29
2
.
733030
481002
Gane
sh
Pras
ad M
S
15
12
27
3
.
733080
481007
Col
Dr
Main
pal
Sing
h
17
14
31
4
.
733003
481002
Mah
esh
Kum
ar
17
13
30
5
.
733023
481004
Vijai
shri
Tewa
ri
19
22
41
6
.
733028
481009
Prate
ek
Saha
i
12
12
24
7
.
733089
481007
Pran
ab
20
18
38
Kum
ar
Sark
ar
8
.
733050
581005
SI
Hari
kuma
r
16
15
31
9
.
733085
581004
Shya
m
Nara
yan
21
18
39
1
0
.
733097
581007
Pank
aj
Saxe
na
16
14
30
1
1
.
733031
681005
Asho
k
Kum
ar
Kano
jia
14
12
26
1
2
.
733003
681004
Man
eesh
Shar
ma
16
16
32
1
3
.
733045
781002
Brajr
aj
Sing
h
20
21
41
1
4
.
733014
381003
Omk
ar
Sing
h
17
14
31

Date: 11.11.2021

List of Candidates called for
presentation on 11th November 2021 at
9:30 AM onwards

for the post of Registrar against the
Advt. No. Estt/OpenRecruit/Reg-02/2021

dated July 27, 2021
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1179
S
.
N
Applic
ation
ID
Name
of
Candi
date
Ca
se
St
ud
y
M
ar
ks
(O
ut
of
25
)
Prese
ntatio
n
Mark
s
(Out
of 25)
Tota
l
Mar
ks
Obt
aine
d
(Ou
t of
50)
1
.
73300
09810
04
Jagat
Singh
Rana
15
14
29
2
.
73305
19810
01
Nilesh
Bipinc
handr
a
Chau
dhari
12
13
25
3
.
73301
59810
01
Para
mjit
Singh
Gothr
a
12
15
27
4
.
73303
79810
05
Ajit
Singh
20
20
40
5
.
73309
70910
03
Satye
ndu
Moha
n
Srivas
tava
17
13
30
6
.
73305
80910
09
Krish
an
Kuma
r
Tiwari
20
21
41
7
.
73302
51910
04
Dara
Singh
Vohra
14
14
28
8
.
73304
81910
09
Pawa
n
Kuma
r
Dube
17
13
30
9
.
73305
02910
03
Desh
Deepa
k
Sharm
a
13
13
26
1
0
.
73304
83810
01
Dr.
Atul
Kuma
r
Shara
n
19
22
41

18. It would be relevant to mention
Clause 9(9) of Statutes which refers that
Screening Committee will consider all
applications received by the Institute for
filling of posts and the Screening Committee
shall recommend candidates fulfilling the
eligibility
criterion,
alongwith
the
relaxations
granted
by
Board
for
consideration of Selection Committee.

19. There are rival submissions on
the issue that Screening Committee has
violated the above referred procedure by
submitting names of only seven candidates
selected for interview and though out come
of consideration of all candidates might be
same but procedure prescribed has not been
followed in its entirety and that there is no
adverse effect on candidates whose names
were not forwarded for interview by
Screening
Committee
to
Selection
Committee. The other details such as, total
number of applications received, number of
candidates left after scrutinization and out of
52
candidates
only
24
appeared
in
presentation and case study and details of
marks obtained by all 24 candidates were
also referred to Selection Committee.
1180 INDIAN LAW REPORTS ALLAHABAD SERIES
20. The Selection Committee
considered names of seven candidates
recommended by Screening Committee for
post of Registrar and unanimously resolved
in 7th CPC held on 12.11.2021 to appoint
petitioner on the post of Registrar. Sri
Krishna Kumar Tiwari was put under
waiting list. Details of criteria adopted or
marks obtained in interview are not on
record, therefore, Court is not aware how
petitioner was finally selected since few
candidates including petitioner got same
marks in presentation. The minutes of
meeting of Selection Committee for the post
of Registrar dated 12.11.2021 is reproduced
in its entirety hereinafter:

"INDIAN INSTITUTE OF I
INFORMATION TECHNOLOGY
ALLAHABAD
ESTABLISHMENT SECTION
Ref. No. IIITA/Estt/2021/
Date: November 12, 2021

MINUTES OF THE MEETING OF
SELECTION COMMITTEE FOR THE
POST OF REGISTRAR (01-UR POSITION)
IN THE PAY MATRIX LEVEL-14 AS PER 7
CPC HELD ON 12.11 2021 IN THE
CONFERENCE ROOM, SECOND FLOOR,
ADMIN EXT I OF INDIAN INSTITUTE OF
INFORMATION
TECHNOLOGY
ALLAHABAD, AGAINST THE ADVT. NO.
Estt/OpenRecruit/Reg-02/2021
DATED
JULY 27, 2021
Following Selection Committee
Members were Present:
Prof. P. Nagabhushan, Director :
The Chairman
Prof. K. Sethupathi, IIT Madras :
Member
Prof. DVLN Somayajulu, Director,
IIIT Kurnool : Member
Prof.
R.C.
Hansdah,
IISc
Bangalore : Member
Prof. S.A. Ansari, Ex Professor,
Monirba, Alld.: Member
Prof. Shekhar Verma, Dean HA,
IIITA : Member
Shri S. Goverdhan Rao. Registrar,
NIT Warangal : Member
A total of 66 (nos.) of applications
were received for the said position. After
scrutiny of all the applications, 52
candidates were provisionally shortlisted
and called for the presentation held on
10.11.2021 & 11.11.2021 at the Board
Room, IIIT Allahabad. 14 nos, of candidates
out of 25 appeared in the presentation on
10.11.2021 10 nos of candidates out of 27
appeared in the presentation on 11 11.2021
at the Board Room, IIIT Allahabad. A total
of 24 candidates have appeared in
presentation and solving case studies on
both days
Presentation Committee tabulated
the
marks
obtained
in
Presentation
Including Case Studies. On the basis of
marks obtained, the presentation committee
recommended the following candidates as
qualified to be called for the Interview on
12.11.2021 at IIIT Allahabad:
1. Prof Vijaishri Tewari
2. Shri Pranab Kumar Sarkar
3. Dr. Shyam Narayan
4. Dr. Brajraj Singh
5. Dr. Ajit Singh
6. Shri Krishan Kumar Tiwari
7. Dr. Atul Kumar Sharan
The
following
07
candidates
appeared in the Interview for the post of
Registrar held on 12.11.2021 at reference
Room, Second Floor, Admin Ext.-I, IIIT
Allahabad
1. Prof Vijaishri Tewari
2. Shri Pranab Kumar Sarkar
3. Dr. Shyam Narayan
4. Dr. Brajraj Singh
5. Dr. Ajit Singh
6. Shri Krishan Kumar Tiwari
5 All. Prof. Vijaishri Tiwari Vs. U.O.I. & Ors.
1181
7. Dr. Atul Kumar Sharan
On the basis of performance in the
interview held on 12.11.2021 recommends
the following candidate for the post of
Registrar in the pay matrix level-14 as per
7th CPC
1. Prof. Vijayshri Tiwari UR
Category
Waiting List
1. Shri Krishan Kumar Tiwari
Additional conditions stipulated by
the selection committee, if any.
1.
The
performance
may
be
reviewed by the BoG of IIIT-A to the end of
the first year.
2.
The
Honorable
BoG
may
consider to allow Prof. Vijayshri Tiwari to
be associated with her academic dept in
adjunct capacity."

21. Learned counsel for rival parties
have also referred the additional condition
stipulated by Selection Committee so far as
petitioner is concerned, as referred above,
that it was recommended that Hon'ble
Board of Governors may consider to allow
petitioner to be associated with her
academic department in adjunct capacity.

22. It is the case of RespondentInstitute that aforesaid recommendation was
stranger to procedure and petitioner being
officiating Registrar has influenced the
entire exercise of selection in one or other
way whereas it is the case of petitioner that
entire process was fair, there was no
influence of petitioner and above condition
was only a recommendation and it was upto
BoG to act upon or not.

23. In continuation of above
recommendation the 20th Meeting of Board
of Governors took place on 11.01.2022
wherein petitioner being Acting Registrar
has also participated. Agenda No. 20.16 was
to consider and approve the Selection
Committee's
report
for
vacancies
in
Administrative Cadre for the post of
Registrar and Deputy Registrar and sealed
cover envelop was opened and BoG after
due deliberation approved recommendation
of Selection Committee to appoint petitioner
on the post of Registrar and on the point that
petitioner to be associated with her
academic department in adjunct capacity
was not discussed and dropped. The said
minutes of meeting with regard to Agenda
No. 20.16 is reproduced in its entirety
hereinafter:

"20.16 To consider and approve the
Selection Committee Report for Vacancies
in Administrative Cadre for the post of
Registrar and Deputy Registrar
Comments of Technical Section,
MoE: The Board is the appointing authority
for the post of Registrar and Dy. Registrar.
The report of the Selection Committee will
be placed on table in a sealed envelope.
Board may deliberate and take decision as
per RPN rules-2016. Silent features of these
posts as per RPN-2016, are as under.-
The GP for Registrar and Dy.
Registrar will be Rs. 10,000/- and Rs.7600/-
(as per 6th CPC). General age limit for Gp.-
A with GP. Rs.7600/- and above - 55 years.
The post of the Registrar should be filled
only through Contract appointment and for
a period of 3 years only. However, when a
person from outside is recruited, his/her
appointment may be for a period of 3 years
initially and on satisfactory completion of
the term of service as determined by a
committee duly constituted by the Board, the
services may be extended for another term
of 2 years only. The total term shall not
exceed five years
Resolution:
Prof.