2006 (11) TMI 658 - SC - Indian Laws

Summary

Issues involved: Challenge to judgment of Jharkhand High Court dismissing Letters Patent Appeal against Single Judge's decision in a writ petition regarding permission to pursue Ph.D course at IIT Madras.

Details of the judgment:

1. Background and denial of permission:
The respondent, an Associate Professor, sought permission from the appellant institute to pursue a Ph.D course at IIT Madras, but was denied citing staff strength norms. The appellant contended that reducing staff strength below 70% was not permissible. The Single Judge found inconsistency in following norms and allowed the opportunity.

2. Administrative decision and rules:
An administrative decision by the Ministry of HRD led to adoption of Leave Rules and Conduct Rules. Subsequently, IIT Delhi Rules mandated that staff strength should not fall below 85%, limiting the quota for such courses to 15%. The Division Bench upheld the Single Judge's decision due to universal implementation of norms.

3. Allegations and abandonment of course:
The appellant accused the respondent of fabricating documents and making false allegations. The respondent claimed victimization and inability to continue the course after April 2005. Lack of official communication from IIT Madras supporting respondent's claims and his abandonment of the course led to the dismissal of the appeal.

4. Legal principles and conclusion:
Citing precedents, the Court emphasized that a wrong decision does not confer an enforceable right for equality treatment. Despite lapses in following norms, departure from norms cannot be justified. Lack of evidence supporting respondent's claims and his failure to continue the course resulted in setting aside the High Court's orders. The appeal was allowed without costs.