Anil Kumar Sinha, J.—The petitioner, who was appointed on the post of Senior Assistant Professor in the School of Public Health/School of Buddhist Studies, Philosophy and Comparative Studies, at Nalanda, (herein after referred to as ‘the School’), under the Nalanda University, on contract basis for a period of three years, has approached this Court for quashing the Office Order, dated 06.12.2022, issued by the Registrar, Nalanda University, under memo no. NU/ACAD/2021-22, by which the petitioner has been informed that after due review of his performance, the further extension of the contract period of the petitioner, under probation, has not been considered and the petitioner was given one-month notice to clear dues and submit ‘No Dues Certificate’.

2. As per the terms of the contract agreement, executed on 10.08.2021, between the petitioner and the Nalanda University (herein after referred to as ‘the University’), the entire period of contract is on probation and is based on effectiveness of delivery, accountability, conduct and deportment, scholarship and integrity. The period of probation can be further extended. There will be a review of the performance and conduct as per the decision of the University.

3. The factual matrix of the case is that the University has been incorporated under the Nalanda University Act, 2010 as an international institution for pursuit of intellectual, philosophical, historical and spiritual studies and the said Nalanda University Act, 2010, has been enacted to implement the decision arrived at the 2nd East Asia Summit, held on 15.01.2007, at Philippines and subsequently, the 4th East Asia Summit, held on 25.10.20098, at Thailand.

4. As per Section 28 of the Nalanda University Act, 2010, the Governing Board of the University framed the Nalanda University Statutes, 2012, which were subsequently amended by the Nalanda (Amendment) Statutes, 2021, laying down the provisions for the manner of appointment of different officers, teachers and other employees of the University as well as their emoluments and other conditions of service.

5. Through an advertisement, dated 31.03.2020, the University published a rolling advertisement for faculty positions inviting CV/expression of interest for teaching faculty from qualified and meritorious candidates for the post of Professor/Assistant Professor in the various Schools of the University, including the School of Buddhist Studies, Philosophy and Comparative Religions.

6. The petitioner, who possess qualification of M. Sc. in Basic Sciences, Yoga Philosophy and Yoga Therapy as well as Ph.D. in Yoga Therapy and Psychiatry and also possess the qualification of NET in Yoga, submitted his CV along with the required details through e-mail, dated 26.03.2021, and accordingly, he was informed that his application had been shortlisted and he was called for the interview, scheduled to be held on 30.06.2021, at the Delhi Office of the University. The petitioner participated in the interview held by the University and by letter, dated 12.07.2021 (Annexure-3), issued by the Registrar of the University, the petitioner was informed that he has been appointed against the post of Senior Assistant Professor in the School on a three-years tenure track in the pay-scale of US $ 15000-25000 per annum, along with other admissible allowances, subject to the terms and conditions indicated in the letter, dated 12.07.2021.

7. Clause 3 (iii) of the appointment letter, dated 12.07.2021, stipulates that the appointment of the petitioner would be on probation from the date of his joining the post in the University, which can be extended at the discretion of the Appointing Authority.

8. Pursuant to the aforesaid offer letter, the petitioner submitted his joining as Senior Assistant Professor under the University and accordingly, the employment contract, dated 10.08.2021 (Annexure-4), was executed between the petitioner and the Registrar of the University. The appointment of the petitioner was on con