Bhupesh Joshi vs All India Council For Technical Education & Others

Manoj Kumar Tiwari, J

Petitioner was appointed on contract as Assistant Professor for one academic year in a private Engineering College, namely, Birla Institute of

Applied Sciences, Bhimtal, Nainital vide order dated 01.03.2012. His contractual appointment was, thereafter, extended from time to time.

Subsequently, a Committee was constituted for regularization of Teachers appointed on contract, including the petitioner.

The said Committee recommended other Teachers for regularization, however, regarding the petitioner it stated that his claim for regularization may

be considered only after interview. Petitioner challenged the recommendation made by the Regularization Committee through a complaint. His

complaint, however, was rejected. Thus, feeling aggrieved, petitioner has approached this Court seeking the following reliefs:

“I. To issue a writ order or direction in the nature of certiorari quashing the impugned decision of the Standing Complaint Scrutiny Committee dated

16/18-01-2018 (annexure no. 11 to this writ petition).

II. To issue a writ order of direction in the nature of mandamus directing high level inquiry into the appointments made in the institute and the

regularization of contractual employees/lectuers/ assistant professor is required to be conducted and if any appointment is found to be illegal on

account of deficiency in educational qualification or any other criteria which has deliberately been ignored such an appointment should be declared

illegal and should be cancelled forthwith and any benefit or salary earned during the period of employment should be recovered/taken away from the

illegal appointee.

III. To issue a suitable Writ, order or direction in the nature of Mandamus directing appropriate action against the director of Birla Institute of Applied

Sciences under the AICTE norms for having mislead the Board of Governors into appointing ineligible candidates.â€​

Birla Institute of Applied Sciences, Bhimtal, Nainital, where petitioner was appointed, is a private College, which does not receive any

grant/assistance from the State Government or Central Government. Moreover, there is no financial or administrative control of the Government over

the affairs of the said College, therefore, in the humble opinion of this Court, Birla Institute of Applied Sciences, Bhimtal, is not ‘State’ within

meaning of Article 12 of the Constitution, thus not amenable to writ jurisdiction of this Court.

Thus, no relief can be granted to the petitioner against a private body, which is not receiving any financial assistance from the Government.

In such view of the matter, the writ petition is dismissed as not maintainable, with liberty to petitioner to approach the appropriate forum.

There will be no order as to costs.