JOBS + NIPER +"GANG OF नईपार " = Nepotism or Economics?

Recrutement without advertisement is strictly prohibited by Indian law. Principle of Natural justice and fairness should prevail in all appointments. Highest court of law of india says......

Para 19 of the judgment CIVIL APPEAL NO. 1272 OF 2011,

“Therefore, it is a settled legal proposition that no person can be appointed even on a temporary or ad hoc basis without inviting applications from all eligible candidate. If any appointment is made by merely inviting names from the Employment Exchange or putting a note on the Notice Board etc, that will not meet the requirement of Article 14 and 16 of the Constitution. Such a course violates the mandates of Articles 14 & 16 of the Constitution of India as it deprives the candidates who are eligible for the post, from being considered. A person employed in violation of these provisions is not entitled to any relief including salary. For a valid and legal appointment mandatory compliance of the said Constitutional requirement is to be fulfilled. The equality clause enshrined in Article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit.”,

However all rules and law are flaunted by "GANG OF नईपार"  few examples

Extension of Ad-hoc appointment of Dr. Jyoti Paliwal as Professor in NIPER

In the meeting held on 28th of May 2012 the appointment and extension of Dr. Jyoti Paliwal was discussed It was inquired by one hon'bel BOG member whether any advertisement in this effect was published The reply of the BOG secretary was negative. it is opined by the Members that advertisement is a must before filling a regular post. 

After deliberation the BOG unanimously resolved that in order to keep the principle of Natural justice and fairness in the view, the advertisement of Professor should be released so that the best tallant can be recruited.   

However the extension letter is served even before draft minute is typed. The same registrar (!!) replied in many RTI quarry even after one month of BOG meeting. ".........since BOG minutes is not ratified information can not be disclosed."

What is the reason of hurry? and why BOG directions are ignored Nepotism or Economics?

Appointment of registrar in NIPER

NIPER Ad qualification and experience	P.J.P. Singh Waraich (Does not fulfil the essential criteria, but was selected)	Dr. Shyam Narayan Jha (Fulfils the essential criteria but was rejected)
Qualification: 1.Post Graduate with at least 55% marks or its equivalent grade of ‘B’ in the UGC 7-point scale	Yes B. Com  % Not known LLB % Not known MBA % Not known (Year of passing ~2004 or near to that)	Yes B. Sc 69.3% First Div. M. Sc 63.9% First Div. LLB 50.76% Second Div. PhD
Experience: (i) At least 15 years experience as Assistant Professor in AGP of Rs.7000/- and above or with 8 years of service in AGP of Rs.8000/- and above including as Associate Professor along with experience in educational administration or	NO	NO
Experience: (ii) Comparable experience in Research Establishment and/or other Institutions of higher education or	NO	YES 8 years of service as Dy registrar Deputy    Registrar (Admin) Indian Institute of Technology Roorkee 25.4.2008 to date PB-4 37400-67000 GP 8700 1.1.2006 to 24.4.08 PB-3 15600-39100   GP 7600               25.4.2003 to 31.12.2005            12000-420-18300
Experience: (iii) 15 years ofadministrative experience, of which 8 years shall be as Deputy Registrar or an equivalent post.	NO 3 years and 15 days with GP-7600 (Joined as Wing Commander on 17.06.2008 with grade pay 7600 and retired on 01.07.2011	YES 19 years of administrative experience (Administrative Officer 1992-2003 Indian Council of Agricultural Research (ICAR)), of which more than 8 years was as Deputy Registrar (Dy. Registrar In IIT Roorkee 2003-2011 in equevelent GP 7600)

Pay structure in air-force (http://navaljourney.com/pay-perks-and-allowances/)

SR.NO.	RANK	PAY/ BAND	PAY BAND/SCALE	GRADE PAY	MSP
1.	FLYING OFFICER	PB-3	15600-39100	5400	6000
2.	FLIGHT LIEUTENANT	PB-3	15600-39100	6100	6000
3.	SQN. LEADER	PB-3	15600-39100	6600	6000
4.	WING COMMANDER	PB-4	37400-67000	7600	6000
5.	GROUP CAPTAIN	PB-4	37400-67000	8700	6000
6.	AIR COMMODORE	PB-4	37400-67000	8900	6000
7.	AIR VICE MARSHAL	PB-4	37400-67000	10000	6000

Ad-hoc appointment of Dr. Naresh Kumar as Professor in NIPER

NIPER Administration /Offg. Director has given 3 different statements at 3 different places regarding appointment of Dr.Naresh Kumar.

Statement 1 :  Appointment of Dr. Naresh Kumar is as Professor in Pharmaceutical Management  (NIPER Registrar Office Order no. F.1-3(293)/2011/Estt./1343 dated 19-10-2011 , indicating Dr.Naresh as Professor, Pharmaceutical Management)

Statement 2 :  Appointment of Dr. Naresh Kumar is as Professor in Business Development Group, NIPER (Statement of Prof. K.K.Bhutani given to the Chairman, APDC and duly documented  in SIGNED final minutes of 13^th APDC meeting held at NIPER on 19-11-2011, as agenda item no. 13.6)

Statement 3 :  Appointment of Dr. Naresh Kumar is as Professor in Intellectual Property Rights Cell, Deptt. Of Pharmaceutical Management.

(RTI response given vide NIPER Letter no. F 235/RTI 43/2012/1030 dated 4-5-2012 )

Moreover the appointment is made without any advertisement and without proper selection committee. The regular selection process (as per  NIPER statutes and Govt. of India rules and constitution Art, 14 regarding equal opportunity)  involves:

- Making an open advt. clearly mentioning the essential requirements for post advertised.

- Short-listing of all candidates without any bias.

- Interview of the short-listed candidates by a Selection Committee constituted as per clause 3.6 of NIPER statutes and approved by the NIPER Board of Governors.

- Declaration of the result in a fair and transparent manner within a reasonable period of time.